BRIJLAL Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved by the judgment dated 20.01.2001 passed by the Additional Sessions Judge and the Special Judge, Gwalior (M.P.) in Sessions Trial No.265/1999 whereby he has been convicted of offence under Section 364-A of IPC and sentenced to Life Imprisonment with a fine of Rs.1,000/-.

(2.) Facts of the case, in short, are that on 14.12.1997, the complainant Suratram (PW-8) was transporting some bricks in a tractor trolley bearing number MP07/H-1609 from village Bela Ki Bawdi to Simariya within the jurisdiction of Police Station Ghatigaon, District Gwalior (M.P.). He was accompanied by his son Purushottam (PW- 6) and others. He was travelling in a jeep which was escorting the tractor on the road. In the jeep, Ramavtar (PW-7) and Chandrabhan (PW-5) were also travelling. At the spot 7-8 persons surrounded the jeep and they started beating the witnesses Chandrabhan (PW-5), Purushottam (PW-6) and Ramavtar (PW-7). Thereafter, six out of eight culprits took Jawaharlal Sharma (PW-1), Chandrabhan (PW-5), Purushottam (PW-6) and Ramavtar (PW-7) with them whereas two culprits remained with the complainant Suratram (PW-8) and others. Thereafter, they left the spot with the direction that they should not go anywhere for a longer period and ultimately those two culprits also disappeared. The complainant Suratram (PW-8) had lodged the FIR, Ex.P-5 at Police Station, Ghatigaon, District Gwalior (M.P.). The police started investigation. In the investigation, it was found that the culprits kept Jawaharlal Sharma (PW-1) and Ramavtar (PW-7) with them whereas Purushottam (PW-6) was left by them because he had fallen down from a cliff and they thought that he had died. Again, they released Chandrabhan (PW-5) with a letter demanding ransom. When ransom was paid, the victims Jawaharlal Sharma (PW-1) and Ramavtar (PW-7) were released on 27.02.1998. Sub-Inspector Ashok Kumar Gaud (PW-9), in search, found Jawaharlal Sharma (PW-1) and Ramavtar (PW-7) in the jungle and the recovery memo Ex.P-1 was prepared. After recording the evidence of the abductees, the charge-sheet was filed before the court of Judicial Magistrate First Class, Gwalior who committed the case to the court of Sessions and ultimately it was transferred to the Court of Additional Sessions Judge and Special Judge, Gwalior (M.P.).

(3.) The appellant abjured his guilt, however, he did not take any specific plea under Section 313 of Cr.P.C. and therefore no defence evidence was adduced.