PUNTTAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 9-10-2000 passed by 4th Additional Sessions Judge, Chhatarpur, in Sessions Trial No. 265/98 convicting the appellant under Section 364-A, IPC and sentencing him to suffer rigorous imprisonment of life, the appellant has knocked the door of this Court by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) In brief, the case of prosecution is that on 1-8-1998 Asharam S/o Achchhelal and Ramesh s/o Chatra were going to Jangal to graze the cattle and when they reached nearby Khirka at 7.00 in the morning, they met with one Shankar Yadav who also joined them as he was also grazing the catties. When they were on the way in between village Khirka and Gonkhar, nearby stop-dam they met appellant and four other persons. Appellant and these four persons wrongfully restrained them. Appellant was having a lathi and other co-accused persons were having double barrel gun, 'Ballam' and 'Farsa' and on the point of these weapons, appellant carried these persons in the Jangal and through Shankar Yadav sent message to send lump sum amount of Rs. 50,000/-. The message was also sent that in case the lump sum amount is not sent, these two persons would be killed.

(3.) The family members of Asharam and Ramesh on receiving the message, along with inhabitants of the village went to the Jangal, but they did not find Asharam and Ramesh, eventually, a written report was lodged by Achchhelal who is father of Asharam in the Police Station. In the written report it has been specifically stated that appellant was having lathi and other accused persons were having double barrel gun, 'Ballam' and 'Farsa' and a demand of Rs. 50,000/- for each abductee has been made. The police on the basis of FIR, registered a case under Section 365, IPC.