MAHABIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction 05.02.2003 and order of sentence dated 07.02.2003, passed by the learned Addl. Sessions Judge, Sonepat, whereby, he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 4000/- under Section 364 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months and he was further convicted and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1000/- under Section 506 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. Both the sentences were ordered to run concurrently.

(2.) The brief facts of the prosecution case are that FIR in the present case was registered on the basis of application Ex.PC dated 12.12.2000, which was produced before the police by complainant Kashmir Singh. It was mainly stated in the application that at about 2.00 P.M. on 11.12.2000 his nephew Amit son of Sukhbir Singh was playing in front of 'Shri Ram Mandir'. One Balbir Singh told him that one boy had kidnapped his nephew Amit while he was playing in front of Shri Ram Temple and he had gone towards the street of Faiz Bazaar and he chased him but could not succeed. Thereafter, complainant along with Balbir Singh and one Mukesh went towards Faiz Bazaar. When they were near a small mosque, a person told that owner of M.P. Electricals had brought a young boy aged about 12-13 years. When they went to the shop, accused Mahabir was found there. They enquired from him about Amit. He replied that he was left near the temple. In the meantime, the boy raised noise, who was kept concealed under the counter by the accused. Accused was holding Amit's head in his legs. Thereafter, accused Mahabir got up and brought iron rod and gave rod blow to Mukesh Kumar. When they intervened, accused escaped from the spot with the iron rod and threatened to finish them in future. Amit told them that Mahabir came from the side of house of his sister and he kidnapped him. He gave slap blows to him and he took him to his shop and stated that he would get Rs. 25,000/- from his father and uncle because they are in service. Accused also stated that he would not spare him unless they stop fighting with his sister. Amit further stated that accused told him that he would take him away and in case his demand would not be fulfilled, then he would be finished. After recording the statement, FIR was registered. Spot was inspected by the Investigating Officer. Rough site plan was prepared. Statements of witnesses were recorded. Accused was arrested. On interrogation, accused got recovered iron rod in pursuance of his disclosure statement. After necessary investigation, challan was presented against the accusedappellant.

(3.) Finding prima facie case, the accused-appellant was charge-sheeted under Sections 364-A and 506 IPC, to which he pleaded not guilty and claimed trial.