J U D G M E N T

(Delivered on 8th September 2021)

PER VIVEK RUSIA, J:-

This criminal appeal is filed under Section 374 of Cr.P.C. arises out of the judgment and order dated 04.02.2014 passed by the First Additional Session Judge, Indore, District Indore by which appellant has been convicted under Section 364-A of IPC and sentenced to undergo Life Imprisonment with a fine of Rs. 5,000/-, in default thereof, to further undergo 6 months, R.I.

(2). The case of the prosecution, in brief, is as follows: -

Rajesh and his father Gokul are the agriculturist and resident of Village Salriya Susner. Rajesh received a telephone on 13.10.2011 from one person named ‘Choudhary’. He directed him to bring opium and smack to Kolkatta. Rajesh has shown his inability, then he directed him to go Ujjain with 5 kg clarified butter, 2 kg spicy namkin and “ milan mehndi” and hand over to the person at Ujjain. Rajesh went to Ujjain along with his father Gokul and reached Ujjain at about 07-

08:00 pm. There, they met with one Pintu, who informed that the Choudhary has instructed him to bring Kolkatta with all the above materials. They requested Gokul for returning to the village but he insisted to go Kolkatta alon