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2014 Supreme(Raj) 622
(Rajasthan High Court)
Jaipur Bench
Narayan @ Ram Narayan & Ors. Vs. State of Raj. (Ahluwalia, J.)
HON'BLE R.S. CHAUHAN, J.
HON'BLE KANWALJIT SINGH AHLUWALIA, J.
Narayan @ Ram Narayan & Ors.
Versus
State of Rajasthan
D.B. Criminal Appeal No. 1231 with 950 of 2004, decided on 04.12.2014
Subject
Kidnapping - Abduction
Act Referred
Headnote
Appeal disposed of. (Paras 60 to 63, 66 to 74)
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P.R.S. Rajawat, for Appellant No.3-Dwarka Lal in Appeal No. 1231/2004;
Ajay Singh, for Appellant No.1-Narayan @ Ram Narayan, and Appellant No.2-Nanda @ Nand Singh in Appeal No.1231/2004 and for Appellant-Chandra Prakash @ Chandu in Appeal No.950/2014;
N.S. Dhakad, Public Prosecutor, for State
2. On 19.12.2003, Bhagwan Singhleft house with some unknown person on Hero Honda Splendor Motorcycle. On 20.12.2003, Bajrang Lal (PW-4), got a statement recorded before A.S.I., Kanhaiya Lal (PW-25). On the basis of statement formal FIR (Exhibit-P/4) was registered at Police Station Bakani, District Jhalawar. In his statement, Bajrang Lal (PW-4) (PW-4) statd that he is having two sons, namely Dwarka Lal ged 18years and Bhagwan Singh aged 8 years. Since July, 2003, to pursue their studies, they were residing in a room taken on rent in the house of Dev Lal, resident of Kishanpura. On 20.12.2003 at about 10.00 a.m., elder son Dwarka came from Ratlai to the house of the complainant to village Kishanprua and informed that in the evening of 19.12.2003, at about 7.00 p.m., one person came on black colour Splendor motorcycle, upon which 'Jai Shri Ram' was written. The said motorcycle was not having number plate in the front or in the rear. The said person informed that your father has purchased a new motorcycle and has called your younger brother. Upon which, Bhagwan Singh accompanied the said person on the motorcycle. In the morning when Dwarka Lal was cleaning the house, a boy living in the adjoining room handed over a letter. Letter was addressed to the complainant Bajrang Lal. In the letter is was written that in case you want that no harm is caused to your son, bring Rs. 2 lakhs in bag on Sunday evening at 7.00 p.m. at Bhawrasa Road. The notes should be of denomination of Rs.100/- and Rs.500/-. No body should be informed, otherwise your son will be killed. Copy of the letter was presented to the Investigating Officer, on the same day. The complainant also gave description of the person who took his son upon the motorcycle as under:
"Short height, wheatish complexion, light weight body, small pointed moustache, wearing pant and shirt."
3. The complainant also stated that his son was wearing blue pant, white shirt and half sleeve blue Jersy and was a student of 3rd class.
4. Bhagwan Singh, the victim (PW-10), on 27.12.2003, ws fond by Dilraj (PW-8) and Shafi Mohammad (PW-9), in the waiting room of Bus Stand Patan or in an inn near Bus Stand Patan.
5. On the same day, on 27.12.2003, at about 11.30 p.m., the child was handed over to his father Bajrang Lal (PW-4) vide Exhibit-P/9. On 27.12.2003, statement of Bhagwan Singh was recorded under Section 161 Cr.P.C. On 30.12.2003, vide Exhibit-P/32, Investigating Officer arrested accused Nanda @ Nandu Singh. On the same day, vide arrest memo Exhibit-P/33, the Investigating Officer arrested Narayan @ Ram Narayan and vide arrest memo Exhibit-P/35, Chandu @ Chandra Prakash was arrested. Dwarka Lal son of Rodumal, was arrested on 31.12.2003 vide arrest memo Exhibit-P/34.
6. FIR registered at Police Station, Bakani, District Jhalawar was investigated and report of Investigation u/Sec. 173 Cr.P.C. was presented in the court of concerned Magistrate and the same along with the accused as committed to Court of Sessions. The trial of the case was entrusted to the Court of Additional Sessions Judge (Fast Track) No.3, Jhalawar. After conclusion of the trial, all the four accused persons were convicted for the offence under Section 364-A read with 120-B IPC and were sentenced to undergo life imprisonment and pay a fine of Rs.2,000/- in default thereof to further undergo S.I. for one year.
7. D.B. Criminal Appeal No. 1231/2004 has been preferred by Narayan @ Ram Narayan, Nanda @ Nandu Singh and Dwarka Lal son of
