JUDGEMENT
Sujoy Paul, J. -
(1.)These criminal appeals are arising out of same incident. Accordingly, on the joint request of the parties, matters were analogously heard and decided by this common judgment.
Criminal Appeal No.68/2007
(2.)This appeal is directed against the judgment dated 06-11-2006 passed in ST. No.287/06 by Additional Judge (Fast Track Court) to the Court of 10th Additional Sessions Judge, Bhopal convicting and sentencing the appellant under Section 364-A of the IPC for Life Imprisonment (RI) and fine of Rs.100/- with default stipulation, under Section 397 of the IPC for R.I. for seven years, under Section 25 (1)(b) of the Arms Act for R.I. for one year and under Section 27 of the Arms Act for R.I. for one year.
(3.)The case of the prosecution is that on 09-06-2005, the complainant Udit Sharma (PW/4) lodged a report in Police Station, Kamla Nagar that at about 9 pm, he alongwith his friend Prem Bahadur went for a drive in Maruti Car No.MP-04-J-1214. Near Bhadbhada crossing, three boys stopped their car by raising hands and soon the car was stopped, one boy assaulted the complainant by the 'butt' of a countrymade pistol (Katta). The friend of complainant Prem Bahadur made an attempt to close the glass of the car. One boy namely Umesh, the present appellant pulled out Prem Bahadur and compelled him to sit in the rear seat of the car. Another boy of short height was also carrying a "Katta". He assaulted with the butt of Katta on the head of the complainant and removed him from driving seat. Another boy sat on the driving seat and asked the other boy "Mahesh Bhai start the vehicle". The car was later on stopped near gate of Greenwood Hotel. At that place, the boys came out of the car and assaulted the complainant and his friend Prem Bahadur. They snatched the cellphone of Nokia company, Rexine purse and Identity Card of the complainant. Thereafter, they compelled the complainant and Prem Bahadur to sit in the vehicle. Thereafter, boy namely Mahesh asked another boy namely Ashish to start the vehicle then all the three boys aforesaid took the car near the gate. Mahesh told Prem Bahadur to go and bring Rs.1 lac as ransom amount within two hours. They threatened that if any information is given to police, the complainant will be killed. Prem Bahadur was again assaulted by a stone by Umesh.
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