RAM VEER SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgment dated 22.10.2003 passed by Special Judge (under MPDVPK Act), Bhind in Special Case No. 14/2001, whereby the appellant has been convicted of offence under Section 364-A and 120-B of IPC read with Section 11/13 of Madhya Pradesh Dacoity Avam Vyapharan Prabhavit Kshetra Adhiniyam (MPDVPK Act) and sentenced to life imprisonment with fine of Rs. 10,000/-. No separate punishment was recorded for the offences under Section 120-B of IPC or Section 11/13 of MPDVPK Act.

(2.) The facts of the case, in short, are that the victim Rajendra Prasad Sharma (PW-8) was a Pandit who was earning his livelihood by arrangement of various poojas etc. He was resident of Etava Road, Bhind. On 04.08.2000, two persons went to the house of the victim Rajendra Prasad Sharma (PW-8) to invite him for a pooja. At that time the victim was not present at the house and Bhagwati (PW-3), wife of the victim, informed them that the victim is not present in the house, he went to the Headquarter of 17th Battalion to perform a particular pooja. Thereafter on 05.08.2000, two persons came to the house of the victim Rajendra Prasad Sharma, out of them one told his name to be Jangbahadur and prayed for visit of the victim Rajendra Prasad Sharma for a pooja at village Udimod. Initially, Rajendra Prasad Sharma denied to visit because he was not in habit to visit out of Bhind to perform such religious activities. However, he gave a slip of articles those would be required for pooja etc. On 06.08.2000, no one came up to 12:00 in the noon but at about 2:00 pm two persons came to the house of the victim Rajendra Prasad Sharma and they took him with them. Initially, the second person who accompanied Jangbahadur, told his name to be Shivpratap Singh. Thereafter they took the victim Rajendra Prasad Sharma up to Udimod and thereafter the appellant who told his name to be Jangbahadur went towards Chakar Nagar and told his companion Shivpratap Singh to provide a pepsi to the victim Rajendra Prasad Sharma. After taking pepsi, the victim Rajendra Prasad Sharma was not feeling well, however he was taken towards Chakar Nagar and he was again introduced with someone with the pretext that the person who was staying in the house was a police official and in whose temple religious rituals were to be performed. Thereafter they took the victim Rajendra Prasad Sharma by a bus. When he was taken from the bus, a gang of dacoits was present on the side of the road, one of them held the victim Rajendra Prasad Sharma and they took him in the forest. That gang was in the name of Rajjan Singh Gurjar gang. Rajjan Singh Gurjar forced the victim Rajendra Prasad Sharma to write down a letter for demand of Rs. 11,51,100/- but he did not write such a letter. On 17.08.2000, the victim Rajendra Prasad Sharma was taken to another place.

(3.) The victim Rajendra Prasad Sharma was kept by the gang for more than three months and on various occasions the appellant Ramveer Singh, who told his name to be Jangbahadur, visited to the places where the gang was staying in those days. However, Ashok Sharma (PW-7), son of the victim Rajendra Prasad Sharma, paid a ransom of Rs. 2,10,000/- in two installments and thereafter the victim Rajendra Prasad Sharma was released. In the meantime, a missing report Ex. P/2 was lodged. When Rajendra Prasad Sharma visited the police station Dehat, Bhind then the FIR Ex. P/3 was lodged. He was sent for Medico Legal Examination. Dr. D.C. Shukla (PW-1) found swelling on his right wrist and he was also complaining a pain on his entire body. The MLC report Ex. P/1 was prepared. Since there was a prize declared upon Rajjan Gurjar and others, the main accused Rajjan Gurjar and Lovely Pandey could not be arrested. One Jag Singh was arrested in the matter. Interrogation took place with the accused Jag Singh. Thereafter, it was informed that the appellant was in custody due to any other case and, therefore, a Test Identification Parade was arranged. The Executive Magistrate Santosh Tiwari (PW-10) arranged a Test Identification Parade at Sub-Jail, Bhind where victim Rajendra Prasad Sharma identified the appellant Ramveer Singh amongst six others. After due investigation a charge sheet was filed before the Special Judge, Bhind.