OCHA Vs. STATE

JUDGEMENT

(1.) THESE are two criminal appeals and as they arise out of the same judgment they are being dealt with together. Both the accused, Ocha and Sanwalia, have been convicted by the Additional Sessions Judge of Dholpur on the 28th of June, 1952, under sec. 365 I. P. C. and sentenced to 5 years' R. I each and a fine of Rs. 200/- each or in default three months* further R. I.

(2.) THE prosecution case is that on the 13th of August, 1950, while Mangal Sen was returning from Bhuteshwar Mahadeo's fair on his bicycle he was stopped on the bridge of Kheri river by Ram Prasad and some other dacoits who were lying in ambush near about also came there and they took away Mangal Sen with them leaving his cycle on the road. Mangal Sen was kept in confinement by those persons for one month and ninedays at various places. Ultimately, on the 22nd of September 1950, he escaped during night along with Rameshwar and Jagannath who had also been abducted by the same gang of dacoits and who were kept with Mangal Sen. THEy got this opportunity as Madho Singh who was looking after them was fast asleep in the night and Mangal Sen, Rameshwar and Jagan Math woke up and got any opportunity to slip away. THEy left Shyamlal behind who was also an abducted person as he was sleeping close to Madho Singh. Mangal Sen reached Bart Police Station in the morning and he reported to the police the whole story naming some of the dacoits whose names he had know during his stay with them. Sanwalia and Ocha were named by Mangal Sen at that time. Sanwalia was arrested on the 25th of June, 1951, and Ocha on the 23rd of August, 1951. THEy were both challaned for abduction Mangal Sen and for keeping him in wrongful confinement to the court of the Extra Magistrate, Dholpur, who committed them to the court of Session. On the evidence of Mangal Sen, Rameshwar, Jagannath and Shyamlal both Sanwalia and Ocha were convicted by the court of Additional Sessions Judge, Dholpur, under sec. 365 I. P. C. and sentenced as stated above. Both the accused pleaded no knowledge of this offence and they said they were innocent.