NIRBHAY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants have preferred these criminal appeals against the judgment dtd. 22/6/2016 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar in Sessions Case No.92/2013 whereby accused appellant - Nirbhay @ Natto has been convicted for the offence under Sec. 302/34 IPC and accused appellant - Anil Kumar has been convicted for the offence under Sec. 302 IPC and both were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000.00each, in default of payment of fine, to further undergo 1 year simple imprisonment.

(2.) Succinctly stated the facts of the case are that on 27/4/2013 complainant-Jagdish Prasad Verma submitted a tehriri report (Ex.P-1&2) at Police Station, Kathumar, District Alwar, upon which, an FIR bearing No.166/2013 has been registered for the offences under Sec. 364 IPC and Sec. 3(2)(v) of the SC/ST Act. It was submitted in the report that on 23/4/2013 his son Amit Verma, who is a Teacher in Government Senior Secondary School, Jodhpura (Kathumar) went on the motorcycle of the complainant and that he was called by Anil Kumar at Teetpuri Bus Stand. It is also mentioned in the complaint that at about 09:58 p.m.,he received a message from his son's mobile No.8058854429 that his son is with them and if he want to see him alive, then till 09:00 a.m., he has to arrange Rs.5.00 Lacs. It is also mentioned in the complaint that he did not take the matter seriously as it was received from his son's mobile. On the next morning also, he received a missed call from his son's mobile and upon waiting till evening of 24/4/2013, he lodged a missing person report (Ex.P-4) in the police station.

(3.) It is mentioned in the complaint that his son was abducted by Anil Kumar, Bobby, Rakesh, Dinesh and Sanjay and other three or more persons and that a ransom of Rs.5.00 Lacs was demanded from him. After receiving the complaint and concluding the investigation, the police submitted charge-sheet against the present accused appellants for the offence under Ss. 364, 302, 120-B IPC and Sec. 3(2)(v) of SC/ST Act. Investigation was kept pending against co-accused-Bobby, Rakesh, Dinesh, Sanjay, Rahul Singh and Tinku @ Hemant under Sec. 173(8) Cr.P.C. Learned trial Court framed charges against the accused appellants for the offence under Ss. 364, 302 IPC and Sec. 3(2)(v) of the SC/ST Act. As many as 21 witnesses were examined and 41 documents were exhibited on behalf of the prosecution and in defence, statement of complainant-Jagdish Prasad was exhibited as Ex.D-1. Explanation of the accused appellants was recorded under Sec. 313 Cr.PC. The trial Court after hearing both the parties vide its judgment dtd. 22/6/2016 acquitted the appellants for the offence under Sec. 364 IPC and Sec. 3(2)(v) of the SC/ST Act and convicted appellant-Nirbhay for the offence under Sec. 302 read with Sec. 34 IPC and appellant-Anil Kumar for offence under Sec. 302 IPC.