DURGA @ RAJA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Law laid down:

(2.) Since both the appellants/ accused (Durga @ Raja and Nandu @ Nandkishore) have been convicted by the common order dated 17/10/2008 but appeals have been separately preferred by them, therefore, both the appeals are heard analogously and decided by this common order.

(3.) As per the case of the prosecution, FIR was registered on dated 24/08/2006 vide Crime No.90/2006 at Police Station Badoni, District- Datia by the complainant Munna Kushwaha (PW-2) in respect of an incident dated 04/07/2006 when around 11 pm in the night, Laxman alias Jhagga s/o Ramcharan Kushwaha while lying over in his agriculture field, caught hold of by some miscreants wielding fire arms and was taken by them as hostage to the forest. Midway, while reaching to the well of one Ramkishan Kushwaha took him also after putting a blind fold over his eyes and taken to some distant place where Ramkishan Kushwaha was released but abducted Laxman was taken to the forest and beaten up. Next day morning on 05/07/2006, brother(Munna) of abducted Laxman came to the field, but could not find his brother therefore, missing persons report was lodged and case was taken into investigation.