RAM CHRITAR SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 18. 6. 2002 and 19. 6. 2002 respectively passed by 1st Additional sessions Judge, Garhwa in Sessions Trial no. 442 of 1999/61 of 2001 whereby and whereunder the appellant was convicted under Section 364a and 386 of the IPC and sentenced to undergo imprisonment for life for the offence under Section 364a of the ipc and also ordered to undergo R. I. for three years for the offence under Section 386 of the IPC. However learned Court below directed that both the sentences would run concurrently.

(2.) THE case of prosecution in short as per the written report of P. W. 8 is that on 17. 6. 1999 at about 9 p. m. , the main door of the in-formant's house was knocked by unknown persons. The informant's father opened the door. The informant followed his father and went behind him. Three unknown persons standing there threatened his father on the point of pistol. The informant was also threatened at the point of pistol. In the meanwhile, the appellant who is married in this village arrived there and talked with them intimately. The said unknown persons then commanded the informant to show them way to go out of the village. The informant was taken out of the village forcibly under the Sangwaria Railway Bridge, and was forced him at the point of pistol to write a letter to his father to bring a cash of rs. 4 lacs, four items of gold ornaments, a pistol and cartridges as ransom for releasing him. He wrote a letter under threat in torch light provided by the miscreants. Ramawatar sharma was in cordial conversation with them. It is stated that the aforesaid letter was given to Ramawatar Sharma with a direction to hand it over to informant's father. It is stated that thereafter they tied his hand and took him to a lonely place and kept him in a cave. The next date, the informant was brought near a river. In the night at about 9 p. m. the appellant and ramawatar Sharma arrived there and informed that the ransom amount has been paid and the same has been kept and concealed. They asked them to release the informant. But the gang leader insisted them to bring money before his release. Thereafter appellant went towards east along with the gang leader and returned after some time. The informant was released thereafter. The informant, Ramawatar Sharma and the appellant, returned to the village on 19. 6. 1999. It is stated that thereafter villagers apprehended the appellant and enquired from him. The appellants then confessed his guilt and stated that on his direction, informant was abducted by the miscreants. He also disclosed their name as rajendra Ram, Sukhdeo Chamar and Raghu mahto. The informant claimed to identify the three unknown persons, who had abducted him for ransom.

(3.) ON the basis of aforesaid written report, police instituted Meral P. S. Case No. 62 of 1999 under Sections 364a and 386 of the ipc and took up investigation. After completion of investigation, the charge-sheet was submitted against the appellant. Cognizance was taken and the case was committed to the Court of Session as the offence under Section 364a of the IPC was exclusively triable by the Court of Session. The prosecution examined altogether 10 witnesses in support of its case. The prosecution also brought on record Ext.-1 the seizure list, Ext.-2 written report and ext.-3 the FIR. The appellant was also examined under Section 313 of the Cr. P. C. in which his defence was of total denial. Learned Court below relying upon the evidences of P. Ws. 1,3, 8 and also taking into account that on the confession of appellant, Rs. 18,400/- was recovered by the I. O. (P. W. 2), convicted and sentenced the appellant as aforesaid, against that the present appeal has been filed.