NIHORBA ALIAS AHMED KHAN, S/O JALIL KHAN MUSALMAN Vs. STATE OF MADHYA PRADESH THROUGH POLICE STATION ATRAILA

JUDGEMENT

(1.) These appeals under Section 374(2) of Cr.P.C. have been preferred by the appellant/accused persons against the judgment and conviction dated 09.02.2005, passed by Sessions Judge (Fast Track Court) Rewa (M.P.) in Sessions Trial No.72/2004, whereby the appellants have been convicted for commission of offence punishable under Section 364-A of IPC and sentenced to undergo imprisonment for life and fine of Rs.500/- with default stipulation.

(2.) The case of prosecution in brief is that on 10.11.2003 B.D. Tripathi, SHO Police Station Atraila, came to village Patahat on patrolling, complainant Awadh Prasad Dwivedi (PW-1) gave him information by making written complaint (Ex.P/1) that his father Ram Pal Dwivedi on 09.11.2003 in the evening at about 8 O' clock had gone to his field named "Brij Lal Wala" near Patahat pond for guarding the crop. Next day when he did not come to home to take food, his son Anand Sharma went to field and mounted a search of him. He found a letter (Ex.P/4) lying on his bed wherein a demand of ransom of Rs.3 Lac was made on behalf of 'Dacoit Munna Lal Manjhi'. Ram Pal Dwivedi was abducted for ransom. In his written complaint Awadh Prasad also informed the police that a gang of Dacoit Nihor Khan, Munna Majahi, Pappu Singh, Pappu Singh Manda, Ashish Gupta, Kamala Kant and five six persons were seen in the neighbouring village Gudguda, one day prior to the incident. He suspects them for abduction of his father. On the basis of said information, Dehati Nalasi (Ex.P/8) was recorded and spot map (Ex.P/2) was prepared and letter (Ex.P/4) was seized by the police.

(3.) As per prosecution, Dacoits released Ram Pal Dwivedi on 17.11.2003 in the night at about 10 O' clock near Tamas river. Ram Pal returned home and next day his statement was recorded by the police. He has stated that on 09.11.2003 at about 11 O' clock in the night two accused persons armed with fire arms came to his field and forcefully abducted him for ransom and took him in the forest, where other accused persons joined them. He was kept in custody for seven eight days. He can identify dacoits Nihorba Khan, Munna Majahi, Pappu Singh, Pappu Singh Manda, Ashish Gupta, Kamala Kant. There were five seven more Dacoits also present in the gang, whom he could identify. Later on during investigation police recorded the statement of the witnesses and after usual investigation submitted a charge sheet against 11 accused persons, in which six accused persons Pappu Singh, Kamla Kant, Pappu Singh Manda, Kamlesh Yadav, Rajkumar Kole and Mulayam Yadav were declared absconding.