SHIV MURAT KOL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment dated 30th August 2008, passed by II Additional Sessions Judge, Satna, in Sessions Trial No.181/2006, whereby the appellant has been convicted under Section 364-A of the Indian Penal Code and sentenced to life imprisonment along with fine of Rs.500/-. In default of payment of fine, appellant has further been sentenced to rigorous imprisonment for one year.

(2.) In short, the prosecution case is that victim Saroj Kumar Kushwaha used to live along with her wife Smt.Shakun and children at village Kitha. On 21.2006 at nearabout 7.15 PM victim Saroj Kumar, PW2, after taking meals was sitting in his house on a cot and his wife was taking meals inside the house. At that time two unknown persons armed with firearms came inside his house and asked about the address of Dr.Kishori. As victim came out of his house to show the address of Dr.Kishori, both the persons caught hold him and tied his hands with cloth and forcibly took him. Victim's wife Shakunbai and her children saw the incident on which both the persons threatened them to dire consequences and took the victim towards forest. On the way, they also left a letter to one Ramjas Badhai, PW3, demanding ransom for releasing the victim and asked him to deliver the same to his father. When Natthulal, brother of Saroj Kumar, got information about the incident from the wife of the victim, he informed telephonically to the police at Police Station Jaitwara on which, on the same day, police came to the house of the victim and on the information of Natthulal, Dehati Nalishi, Ex.P/8 was written and spot map, Ex.P/9 was prepared. Statements of the witnesses were recorded. On the basis of Dehati Nalishi, FIR was lodged against two unknown persons on 22006 vide Crime No.16/2006 for the offence under section 364-A of the I.P.C.

(3.) The letter given by unknown persons to Ramjas Badhai, PW3, was given to Natthulal. The abductors after keeping victim Saroj Kumar at different places in the forest released him on 25.2.2006. The victim came back to his house and informed the police on which the police recorded the statement of the victim.