KAMLESH Vs. STATE OF MP

JUDGEMENT

(1.) This judgment shall also dispose of Criminal Appeal No.204/2010 filed by appellant- Mithlesh.

(2.) The appellants- Kamlesh and Mithlesh have filed these two Criminal Appeals under Section 374 of Cr.P.C. challenging the proprietary and correctness of judgment and sentence dated 3-10- 2006 passed by Special Judge (M.P.D.V.P.K.Act), Sheopur in Special Sessions Trial No.14/2003, by which the appellants have been convicted under Section 364-A of I.P.C. read with Section 11/13 of M.P.D.V.P.K.Act and have been sentenced to undergo the Life Imprisonment and a fine of Rs.1,000/- with default imprisonment.

(3.) The necessary facts for the disposal of the present appeal in short are that on 11-12-2002, at about 9 in the evening, the abductees Buddhu and Bhagwan Singh had gone to their fields. Buddhu had taken meals for Vidhyaram, who is the brother-in-law of his brother Prakash. After keeping the meals in the hut, the abductee Buddhu, went to the well, whereas Bhagwan Singh was in his hut. Till 12:30 in the night, the abductee Buddhu had irrigated his fields and thereafter came back to the hut, where Prakash, Vidhya and Bhagwan Singh were sleeping. At that time, about 6 persons armed with guns and 2 persons armed with lathi came there and surrounded the abductee Buddhu. They instructed him to show the way for devara and took the abductees Buddhu and Bhagwan Singh with them. They went on walking for the whole night and did not release the abductees. The miscreants who were having lathi left them whereas six persons who were carrying guns remained with the abductees. Thereafter, 3 persons out of 6, also left them, and 3 persons remained with the abductees. The miscreants, forced Bhagwan Singh to write two letters demanding ransom of Rs.5 lacs. When the miscreants were sleeping in the night, Buddhu and Bhagwan Singh tried to run away. Although Bhagwan Singh succeeded in escaping from their custody, whereas Buddhu was once again caught by the miscreants. Thereafter, Bhagwan Singh went to Police Station and lodged a report on 18- 12-2002. A spot map was prepared and the statements of the witnesses were recorded. During this time, the abductee Buddhu remained as hostage with the dacoits, and remained with them in the forest for several days. On one day, one of the miscreants informed that 3 persons have died in a police encounter and therefore, they changed their place. On 18-1-2003, it is alleged that the appellants started saying that since, 3 persons have died in police encounter, therefore, Budhhu may also be killed, however, as Buddhu was an innocent person, therefore, he was not killed and was left. The statement of Buddhu was recorded and after completing the investigation, the police filed the charge sheet for offence under Section 364-A of I.P.C. read with Section 11/13 of M.P.D.V.P.K. Act.