FARID Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants/accused persons stood convicted under Sections 364-A and 347 of the Indian Penal Code and each is sentenced to suffer imprisonment for life and fine of Rs. 1,000/ -. in default of payment of fine to suffer additional s. I. for two months and R. I. for one year and fine of Rs. 500/-, in default of payment of fine to suffer additional S. I. for one month respectively, with direction to run both the substantive jail sentences concurrently. Being dissatisfied by this judgment of conviction and order of sentence, the appellants have come up in appeal under Section 374 (2) of the Code of Criminal procedure, before this Court.

(2.) ACCORDING to the prosecution case, on 19-12-97 in the evening at 7. 00 PM Gautam son of Bhanwarlal, resident of Anjar had gone to the office of life Insurance Corporation of India, Barwani for some work. When he was returning back and reached near the establishment of Sarala Granite, appellants farid, Nasir, Abid and Jakir reached near him in a jeep. They stopped his motor cycle and forcefully got him inside the jeep. Gautam was taken in the jeep in a house situated on a hill in Sendhwa town. It is said that Gotu Bafna, nephew of rakhabchand (not examined) and Rakhabchand son-in-law of PW-4, bhanwarlal, father of complaiant Gautam was owing twenty lacs rupees to gurvinder and Shailendra. At the instance of appellants Gurvinder and shailendra, the aforementioned four appellants abducted Gautam, thereafter, demanded thirty lacs rupees on telephone from Bhanwarlal (PW-4), father of gautam and also warned him not to inform the Police. Bhanwarlal reported the matter to Barwani as well as Anjar Police and police force along with Mahendra (PW-3), brother of Gautam proceeded towards Sendhwa. Abducted person gautam expressed his desire to talk on telephone upon which appellants Nasir and Jakir took him to STD Booth situated near hotel Tashkand. From STD booths, Gautam had talked with his family members. While coming out of the std Booth, Gautam saw his brother Mahendra in a police-jeep and he rushed towards him. At that juncture, appellants Nasir and Jakir ran away on seeing the police force. Gautam was taken by police force to Sendhwa where he disclosed about the entire incident to police as well as to his brother Mahendra. On completion of investigation by Barwani Police, in whose jurisdiction, offence was committed, the police filed charge-sheet under section 365 and 347 of the indian Penal Code against the appellants.

(3.) THE learned Magistrate was of the opinion that the offence under section 364-A of the Indian Penal Code was also made out against the appellants on the basis of material available in the charge-sheet and this offence is triable by Sessions Court, hence committed the case for trial to the Court of session.