HARI SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this appeal filed u/s. 374 (2) of Cr.P.C on behalf of the appellants is to the conviction u/s. 374-A of the IPC and sentence to life imprisonment with fine of Rs. 1,000/- with default stipulation awarded by the judgment dated 17/10/2003 passed by First Additional Sessions Judge, Morena in Sessions Trial No. 77/2001. It would be significant to mention here that this appeal filed by original appellant no. 3 Nattha alias Nathu Singh, original appellant no. 4 Sirnam and original appellant no. 5 Soneram has been dismissed as withdrawn on 25.1. 2018.

(2.) Prosecution story in brief is that complainant Amar Singh (PW- 2) with Jandel Singh (PW-4) and Makhan all residents of village- Gopalpura had gone on 1.10.1999 for grazing their cows and buffalows in jungle pathar situated near Purani ki Hati area and at about 11--45, am when they were sitting beneath a tree, then sudedlnly two miscreants wearing khaki coloured pant shirt came there. One miscreant was having a stick and another was having a gun in his hand and miscreants asked complainant and his companions to throw their axes and at that time 3 rd miscreant was hidden bhind a tree at some distance. After seeing miscreants complainant and his companions started running and they were followed by miscreants. When Jandel was running he was captured by miscreants and they took Jandel singh towards jungle. Complainant Amar singh after reaching the village informed about the incident at Jandel's house in village and thereafter village people searched for Jandel in the Jungle, but nothing could be traced out. On the date of incident 1.10.1999 at 18--30 hours, FIR (Ex. P-1) was lodged by complainant Amar Singh at police station-Pahargarh against three unknown miscreants which was scribed by S.I. Raghunath Prasad Sharma (PW-5) and crime was registered.

(3.) During investigation, on 2.10. 1999, spot map (Ex. P-2) was prepared by SHO Hemant Sharma (PW-6) at the instance of complainant Amar Singh in relation to place of occurrence. Statements of prosecution witnesses were recorded. Abductee Jandel Singh was freed on 31.10.1999 and he reached at Police Station Pahar Ganj then his recovery memo (Ex.P-3) was prepared by SHO Hemant Sharma and the case diary statement of Jandel Singh was recorded, wherein the names of relating accused persons were disclosed. Thereafter, case diary statement of father of Jandel, Jagannath (PW-1) was recorded at the second time, wherein he disclosed that he had paid ransom amount to the relating accused persons and thereafter his abducted son Jandel was released. Earlier mentioned accused persons were absconding when charge-sheet was filed in the Court of JMFC, Jaura and thereafter, relating accused persons were arrested and supplementary charge-sheets against them were filed before JMFC and thereafter original criminal case was committed by the relating JMFC to the Sessions Court, who transferred it to the above mentioned Trial Court.