(1.) This Common Judgment shall also dispose off Cr.A.No. 782/2004 (Naval Singh @ Navla), Cr.A.No.45/2005 (Ballu @ Balram), Cr.A.No.104/2005 (Ramratan, Jaswant and Ramras) and Cr.A.No. 609/2013 (Dayaram).
(2.) Criminal Appeals No.840/2004, 782/2004, 45/2005, 104/2005 have been filed against the judgment and sentence dated 8-11-2004 passed by Vth A.S.J., Gwalior in Sessions Trial No.30/2004, whereas Criminal Appeal No.609/2013 has been filed against the judgment and sentence dated 18-7-2012 passed by Special Judge (MPDVPK ACT), Gwalior in Sessions Trial No.15/2010, as the appellant Dayaram was absconding and he was tried separately after his arrest.
(3.) The necessary facts for the disposal of the present appeals in short are that the complainant Shanti Swaroop Sharma, lodged F.I.R. on 27-11-2003 at about 4:10 P.M., alleging therein that at about 3:30, one Girraj Chourasia informed him that four persons, namely Jaswant, Ramras, Dayaram and Ballu have kidnapped his nephew Vicky. Jawant was having a Country made pistol whereas Dayaram was having an Adhia (pistol), Ballu was having a Country made pistol whereas Ramras was having an axe. It was also mentioned that about 6-7 years back, Jawant and Ramras had mortgaged their 18 Bigha land with his brother Vijay, and later on when they could not repay the amount, then by pressurizing his brother, they had sold the said land to Vijay after taking an additional amount of Rs. 5 lacs and 10 thousand. About 2 years back, Jaswant was asking for return of his land from Vijay and had also extended the threat that otherwise, he would get him killed as he has contacts with dacoits.
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