MAHENDRA ADIWASI Vs. STATE OF MP

JUDGEMENT

(1.) The appellant has filed this Criminal Appeal under the provisions of Section 374 of the Criminal Procedure Code being aggrieved by judgment dated 26.12.2008 passed in Sessions Case No.40/2007 by the Court of Special Judge (Dacoity Affected Area), Gwalior, whereby the appellant has been convicted under the provisions of Section 364-A of the Indian Penal Code (for short 'IPC') with life imprisonment and fine of Rs.1,000/-; in default of payment of fine, further rigorous imprisonment of 10 months.

(2.) The prosecution case in short is that in the intervening night of 30-31.12003, appellant Mahendra Adiwasi alongwith his four accomplices had abducted Chandan Singh, Papendra Singh, Raju, Kalla Dubey, Bhagat Singh, Maan Singh, Maniram and Harcharan from village Amraul and Mahuch falling under Police Station Antri, District Gwalior. It is alleged that ransom was demanded for their release and the abductees were threatened to be killed. Therefore, the charges were framed under the provisions of Sections 364-A and 302 of IPC and Section 13 of the Madhya Pradesh Dakaity Avam Vyapaharan Prabhavit Kshetra Ahdiniyam, 1981 (for short 'MPDVPK Adhiniyam, 1981') looking to the fact that the area from where abduction had taken place for ransom is a notified area under the provisions of MPDVPK Adhiniyam, 1981.

(3.) As per the prosecution story, the abductees were carrying out their agricultural operations when they were abducted and during investigation, it was revealed that this incident was given effect to by prized Gopal son of Banshilal Gadaria, Pratap son of Banshilal Gadaria, Mahendra Adiwasi, Hari Jatav, Ramdua and two other companions. It is also an admitted position that on 12.01.2004, in an encounter, abductees were released and in such encounter, dacoit Ramdua was killed by the Police party, whereas abductee Maan Singh was also killed.