- (1.)THESE are three connected revisions arising out of the same trial and can be disposed of by a single judgment Sheorai Singh. Sher Singh and Raghunandan arc residents of village Parasari. while Ram Singh and Chandra-pal are residents of village Langotia. They have all been convicted under Section 365 IPC Raghunandan. who is a lad of about 14 years, has been sentenced to one year's rigorous imprisonment, while' the remaining applicants to two years rigorous imprisonment
(2.)BRIEFLY stated the prosecution case is that on 8-10-63 at about 4 or 5 P M Raghunandan applicant who was a school fellow of Brijbhan Singh came to the latter's house and asked him to accompany him to see a partridge fight Brijbhan Singh admits that he was fond of witnessing such Tight and that there were several persons in the village who used to rear partridges Brijbhan Singh, therefore, readily accompanied Raghunandan. who first took him to a grove of Umrao Singh As cartridges were nowhere near it, so he took him to a nearby bajra field There were a number of other bajra fields on the spot From one of them emerged Ram Singh and Chandrapal applicants Out of them one was armed with a gun Both of them over powered Brijbhan Singh and, having blind folded him, carried him away forcibly At a short distance, two other applicants, Sher Singh and Sheoraj Singh joined him All these four persons kept the minor boy concealed in various bajra fields for three days and nights Some of the prosecution witnesses, who had seen this forcible abduction of Brijbhan Singh informed his father Cajraj Singh complainant, who organised a search for his missing son During the search the complainant happened to meet Bhagwan Singh accused (since acquitted), who assured the complainant that his son could be returned on a payment of Rs 500/ -. The complainant accordingly paid that amount to Bhagwan Singh who took with him P W Saheb Singh to a place near appeal tree situate to the west of village Langotia. Bhagwan Singh, having left Saheb Singh at that place, entered a bajra field from which emerged Chandra-pal and Ram Singh along with Brijbhan Singh minor They handed over the boy to P. W. Saheb Singh on the night of 11-10-63. The complainant then lodged a report on 1210-63 at 8-30 A. M.
(3.)IT may be pointed out here that there appears to have been some confusion in the minds of the courts below inasmuch as it was thought that all the accused were guilty of kidnapping Brijbhan Singh minor out of the lawful custody of his faiher through the agency of Raghunandan applicant.