RAMKESH @ RAJUA YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall govern the disposal of aforementioned two Criminal Appeals. Since both these appeals arise out of the same judgment and common questions are involved in these appeals, the same were heard together and are being decided by this common judgment.

(2.) Both, these appeals are directed against the judgment dated 09.01.2008, passed in Sessions Trial No.137/2003, by the learned Additional Sessions Judge, Rewa, whereby the present appellants have been convicted for offence punishable under Sections 364-A of IPC and sentenced to undergo R.I. for life each with fine amount of Rs.300/- to each appellant and in default of payment of fine R.I. for one month each.

(3.) The prosecution case, in short, is that on 26.6.2002 at about 7:30 PM, when Lalit Kumar Singh (P.W.2) was making fodder for animals, he heard the shouting of his son Amit and then he saw that two miscreants were holding him. They were in all six in numbers. His wife Sashi Singh (P.W.4), came there and started shouting, thereafter, miscreants left Amit (P.W.3) and caught hold Lalit Kumar (P.W.2) and took him in the forest. In the way of forest Bhaiyalal (P.W.6) met them, who was armed with Axe then that kidnappers also took Bhaiyalal Kol (P.W.6) along with Lalit Kumar (P.W.2) in the forest and kept them there. On the information fathter of Lalit Kumar (P.W.2), was living in a different village named Supurva made a complaint to police station that Lalit Kumar (P.W.2) had been kidnapped by armed kidnappers.