MUNDRIKA Vs. MULAYAM SINGH YADAV

JUDGEMENT

(1.) Heard, Md. Faruque Ansari, learned counsel for the appellants and Mr. Rajesh Kumar, learned Additional Public Prosecutor appearing for the State.

(2.) The present appeal has been preferred by the appellants challenging the judgment of conviction dtd. 19/1/2008 and order of sentence dtd. 22/1/2008 passed by learned Additional Sessions Judge, Fast Tract Court No.I, Palamau, Daltonganj in S.T. No.111 of 2006, whereby and whereunder, the appellants have been held guilty for the offences under Sec. 147, 323/149, 364/149 and 387/149 of Indian Penal Code and sentenced them to undergo R.I. for 5 years along with fine of Rs.3,000.00 for the offences under Sec. 364/149 of IPC, R.I. for 3 years along with fine of Rs.3,000.00 for the offence under Sec. 387/149 of IPC and R.I. of one year each Sec. 323 and 147 of IPC. All sentences have been directed to run concurrently.

(3.) Factual matrix giving rise to this appeal is that on 17/9/2004, the informant Prem Nath Bishwakarma lodged an FIR stating inter alia that there is land dispute with the co-villagers namely Ukhamjee Yadav, Lalan Yadav, Yogendra Yadav, Ramlal Yadav and Nakku Yadav, which was settled with the intervention of the police station on 17/8/2004. It is further alleged that the accused persons are not abiding the terms and conditions of the settlement and have called one miscreant Mulayam Singh Yadav and on their instigation Mulayam Singh Yadav along with others abducted the brother of the informant namely Ram Raj Vishwakarma on 6/9/2004 at about 9 AM and took him away towards Lama Pahari while assaulting with lathi with intention to kill him. It is further alleged that Mulayam Singh Yadav and others threatened the informant's brother to quit the alleged land and remove the trees from the disputed land, otherwise, he will be killed. They also threatened his brother not to lodge any case, otherwise your house will be demolished and also demanded Rs.1.00 lakh as extortion from the informant through his brother, otherwise, they will also kill the informant along with his son.