NANDKISHORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment of conviction dated 27.08.2007 passed in Sessions Trial No.197/05. The trial Court held the appellant guilty for commission of offence punishable under Sections 364-A of IPC and awarded sentence of RI for life alongwith fine of Rs.500/- with default stipulation RI three months.

(2.) Prosecution story in brief is that Mr. H.N. Rathore was posted as Sub Engineer in Khajuraho Sub Division of Agriculture Department on 31.05.2005, he was returning back from Motitikariya to Salaiya in his Maruti car. His driver was driving the car. On the back seat of the car, two persons namely Rakesh Pande and Pragilal were sitting. When they reached near 'Nar Nala', four persons who were armed with weapons stopped the car and threatened the complainant and other persons by gun. Both the persons, who were sitting on the back seat of the car, were forced to leave the car. The complainant was tied by a rope. He was directed to sit on the back seat of the car. One abductor was driving the car. They went to the forest of Palkohon. Both the eyes of the abductee were tied by a cloth so he could not see the place. Mohan Patel told the abductee (H.N. Rathore) to instruct his family members to send Rs.20 lacs, failing which, the abductee would be killed. Mr. Rathore told him that he is not able to give Rs.20 lacs. On this, accused Mohan Patel slapped him and thereafter, he directed him to instruct the family members to send Rs. 5 lacs. Thereafter, abductee had written a letter on the paper, taking out the same from his diary, to his wife and son and requested them to send Rs. 5 lacs. Driver of the abductee i.e. Narayan went to Chhatarpur with the letters and informed the police. Thereafter, dehati nalshi was registered. On 01.06.2005, police went to the spot. Thereafter accused-appellant was arrested.

(3.) Police conducted investigation and filed charge-sheet. The appellant abjured the guilt and pleaded innocence. Six persons were prosecuted before the trial Court. The trial Court held the appellant-Nandkishore and Chhutte Raja guilty for commission of offence and awarded punishment as mentioned above in the judgment. Co-accused Chhutte Raja filed Criminal Appeal No.2325/2007, which was abated because he was died during the pendency of the appeal. Present appeal has been filed by appellantNandkishore.