HASHIM @ ABDUL HASHIM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the accused-petitioner as well as learned Public Prosecutor appearing on behalf of the State.

(2.) This revision petition under Section 397 Cr.P.C. has been filed against the judgment and order dated 01.02.2013 passed by Additional Sessions Judge, No. 1, Kota (hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 19/2012, whereby the Appellate Court dismissed the appeal filed by the accused-petitioner and upheld the judgment of conviction and order of sentence dated 24.09.2012 passed by learned Additional Chief Judicial Magistrate, No. 1, Kota (hereinafter referred to as 'the Trial Court') against the accused-petitioner in Criminal Case No. 1031/2011, whereby, the learned Trial Court, while acquitting the accused-petitioner under Section 387 IPC, convicted and sentenced him under Section 384 IPC to two years simple imprisonment.

(3.) The facts of the case are that Complainant Mahendra Singh Jadaun submitted a report at Police Station Railway Station, Kota inter alia alleging that on 28.11.2010 at 5.04 PM he received a mobile call from No. 9694834896 on his mobile No. 9950440727 and by this call, two persons Shakil and Hashim had given threatening to kill him and demanded ransom of Rs. 5,00,000/- and in case ransom is not given, they will kill him and his family members. Earlier also these people had given such type of threatening to him and they had also attacked him and a case in that regard is still pending in the concerned court. The complainant also prepared a C.D., which was submitted with the aforesaid report. On the basis of this report, FIR No. 310/2010 under Section 384 IPC was registered and investigation in the matter commenced by the Police. During the course of investigation, statements of witnesses were recorded and after due investigation Police submitted charge sheet in the Trial Court against the accused-persons Shakil @ Chota Shakil and Hashim @ Abdul Hashim under Section 384, 387/34 IPC.