RAHIS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HARBHAN on 6. 6. 2002 went from his home to sell vegetables in the market of Govindgarh. No trace of him has been found till date.

(2.) RAHIS and Natthi Singh, appellants herein, were tried u/s 364a IPC - kidnapping for ransom. Sec. 365 IPC - kidnapping or abduction with an intent to secretary and wrongfully confine a person and u/s 384 IPC - for extortion. Resultant trial culminated into their conviction u/s 364a read with Sec. 120b IPC for which they were sentenced to life as also to pay fine of Rs. 1,000/- and in default of payment of fine, to further undergo SI for six months. They were also held guilty u/s 365 IPC and sentenced to undergo RI for seven years as also to pay fine of Rs. 1000/- and in default of payment of fine, to further undergo SI for a period of six months. They have also been held guilty u/s 384 IPC and sentenced to undergo R. I. for three years as also to pay fine of Rs. 1,000/- and in default of payment of fine, to further undergo SI for six months. This order of conviction was recorded against them on 25. 11. 2003 and 27. 11. 2003 by the Additional Sessions Judge (Fast Track), Kama.

(3.) WHEN examined under section 313 Cr. P. C. the accused appellants while denying the incriminating material put to them, pleaded innocence and false implication. Natthi admitted recovery of money from him on two different occasions but stated that it belonged to him. In defence, they relied upon some portions of the statements made by the prosecution witnesses before the police of Magistrate, as the case may be.