DURGASHANKAR ALIAS DURGALAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The aboveappellants have assailed the judgment dated 7th September, 2001 of the learned Additional Sessions Judge, Agar (District Shajapur), in Session Trial No. 85/2000 whereby while acquitting four co-accused, the appellant Nos.1 to 3, namely; Durgashankar alias Durgalal, Bajranglal and Hemraj, have been convicted under Section 3G4-A/34 of the Indian Penal Code and each has been sentenced to imprisonment for life and fine of Rs. 1,000/- and under Section 365/34 sentenced to rigorous imprisonment for five years and the appellant Nos.3 and 4, namely; Premnarayan and Mangilal, have each been convicted under Section 212, on three counts, and sentenced to rigorous imprisonment for four years, under each count. The sentences have, however, been directed to run concurrently. The judgment also directs the accused to suffer rigorous imprisonment for ten months in default of payment of fine of Rs. 1000.00

(2.) The appellants were prosecuted along with Radheshyam, Bherulal, Balchand and Ghanshyam s/o Pannalal Patidar, on the ground that they had kidnapped Mukesh (PW-3) son of Vishnu Prasad (PW-5) while he was returning from School, on 22-2-2000, at about 12.00 noon, with a view to demand ransom from his parents. In pursuance of the said kidnapping, ransom of Rs. 30,000/- was demanded for the release of the hostage, but the amount was not paid as none was found at the place of rendezvous. The matter was reported to the Police and the investigation commenced. Assistant Sub-Inspector, S. C. Verma (PW-9), proceeded to the spot and prepared the spot map. He examined the witnesses and on learning that the witnesses had learnt that accused persons had hatched a conspiracy, he instituted search for the accused. He arrested accused Radheshyam, Bherulal and Balchand on 26-2-2000 and thereafter handed over investigation to Station House Officer, R. K. Rai (PW-8). On 26-2-2000, accused-Hemraj appeared before the said Officer with the kidnapped child and the child was recovered, vide recovery memorandum Ex. P/2. The child was handed over to his father in the presence of the witnesses. Accused persons were arrested, the motorcycle allegedly used in the commission of kidnapping was seized and after indicating that accused Ghan-shyam had absconded,charge-sheet was filed against the appellants and the acquitted co-accused. However, upon arrest of Ghanshyam, supplementary charge-sheet was filed.

(3.) On being charged for the offences u/Ss. 364-A/34, 365, in the alternative 365/34 and Section 120-B, the accused Durgashankar, Bajranglal and Hemraj pleaded not guilty. Accused-Bherulal, Balchand, Radheshyam and Ghanshyam denied having committed offence u/S. 120-B and the remaining accused persons namely; Premnarayan and Mangilal (appellants No. 4 and 5 herein), abjured their guilt when charged u/S. 212 on three counts. The defence of the accused was that in village Shripatpura, there were political factions and on account of the enmity, they have been falsely implicated. The trial Court, however, while acquitting the co-accused facing charge u/S. 120-B of the IPC, convicted the appellant Nos. 1 to 3 under Sections 364-A and 365 and appellant Nos.4 and 5 under Sec. 212 and sentenced them to the terms, as hereinabove stated. It is against this conviction and sentence that the appellants have approached this Court.