KALYAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) MURARILAL Sharma (P.W. 1) was a victim of abduction at the hands of his class fellow Ramesh Singh and others. They were at the same school at Gazigarh. Ramesh Singh along with Kalyan Singh, Kammod alias Babu Singh reached village Sumer on the evening of 24th August, 1983 at about 6.30 p.m. This village falls within the jurisdiction of police station Bairad in the district of Shivpuri. While they were carrying away Murarilal Sharma from the village, they happened to come across the village Chowkidar Chintu. The aforementioned three persons kidnapped him also.

(2.) A report regarding the incident was given to the police station Bairad. The police party reached the village on the next day. A search was organised. On search, the dead body of Chintu was found in the forests of village Kamai. It had one gunshot injury.

(3.) THE appellants and other accused were tried under Sections 364, 365 and 362 of the Indian Penal Code read with Sections 11 and 13 of the M.P. Dakaiti Ewam Vyapharan Prabhavati Kshetra Adhiniyam for having kidnapped Murarilal Sharma (P.W. 1) and Chintu, the village Chowkidar. The three appellants were also tried under Section 302 of Indian Penal Code for having committed murder of aforementioned Chintu.