KALLU AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal appeal has been filed by the appellants being aggrieved by judgment dated 10th February, 2004, passed by the Court of IIIrd Additional Sessions Judge, Gwalior, in S.T.No.115 of 2003.

(2.) Complainant party consisting of Rajendra Singh (PW-1), Balram (PW-2), Dwarika Prasad (PW-3), Ramadhar (PW-4), Lachhi (PW-5) Siyaram (PW-7) and Sonpal (PW-8) had gone to bring wood from the nearby forest and while they were cutting the trees, at about 9 AM some miscreants having arms met complainants and asked the complainant party to put aside axes. After asking names of the complainants, they were taken deep inside the jungle, where they cooked food and offered some food to the complainant party and had their own food and after that they took Dwarika (PW-3) Ramadhar (PW-4) and Rajendra Singh (PW1) along with them leaving behind complainants Siyaram (PW-7), Balram (PW-2), Sonpal (PW-8) and Lachhi (PW-5). While taking three persons, they had tied hands of the other persons with a tree and directed them to send ransom of Rs.5,00,000/- on the banks of river Chambal in lieu of Dwarika, Ramadhar and Rajendra. Out of nine accused persons, seven were wearing black robes, while two were wearing yellow colour robes. It is prosecution's case that named and unnamed accused persons had abducted three persons, Dwarika Prasad (PW-3), Rajendra (PW-1) and Ramadhar (PW-4) for ransom and had subjected them to cruelty.

(3.) Initially trial was conducted by the learned Additional Sessions Judge against four persons namely Kallu Jatav, S/o Ratnu Jatav, Sugar Singh S/o Harigyan, Mohar Singh, S/o Ramdayal and Durga S/o Mayaram. Learned Additional Sessions Judge acquitted Sugar Singh holding that charges under Sections 148, 365, 364A of IPC are not proved against accused Sugar Singh as none of the witnesses testified his presence.