J U D G E M E N T

(06/08/2021)

Per Rajeev Kumar Shrivastava, J.:

This judgment shall govern the disposal of Criminal Appeal No. 435/2008 (Veerendra @ Veera @ Ramveer Vs. State of MP) and Criminal Appeal No. 623/2008 (Baiju @ Vijay vs. State of MP), as both the appeals arise out of Sessions Trial No.18/2006.

2. Both the aforesaid appeals have been preferred under Section 374 of CrPC, challenging the conviction and sentence dated 3.5.2008 passed by Special Judge (MPDVPK Act) Shivpuri (MP) in Special Sessions Trial No. 18/2006, whereby Veerendra @ Veera @ Ramveer (appellant in Cri.Appeal No.435/2008) and Baiju @ Vijay (appellant in Cri.Appeal No.623/2008) have been convicted under Section 364(A) of IPC read with Section 11/13 of MPDVPK Act, and sentenced to life imprisonment with fine of Rs.10000/- each, in default of payment of fine, to undergo additional rigorous imprisonment of three years each.

2(A). It is pertinent to mention here that in both the aforesaid appeals learned counsel for the appellants has filed application under Section 427 of the Code of Criminal Procedure, praying therein for a direction to run all the sentences concurrently, imposed against the appellants in different sessions trial. The application has been considered and disposed of by passing orders on separate order sheet.

3. The prosecution story in nutshell is that on 5.2.2005 abductee Mahendra Seth was getting contractual work done at Dadoi Stone Quarry, Ukaila Dam under Police Station Satanwada, District Shivpuri. At about 4.30 pm abductee Mahendra along with his driver and other persons was inspecting the work at the Dam, at that time members of Rambabu-Dayaram Gadariya Gang reached on the spot and threatened abductee Mahendra to throw his rifle. Mahendra threw his rifle thereafter accused persons took his rifle and went to the hill along with Mahendra Seth and other persons. Thereafter, accused persons left other persons except Mahendra Seth, driver Jagdish and Supervisor Jaswant Singh. They took Mahendra Seth, driver Jagdish and Supervisor Jaswant Singh to the forest. The FIR (Ex.P/11) was lodged. Copy of the FIR is Ex. P/8-C. After several months, the accused persons released the abductees. After completion of investigation, charge sheet was filed against the appellants/accused persons.

4. Appellants Veerendra @ Veera @ Ramveer and Baiju @ Vijay were charged for the offences punishable under Sections , 395 of IPC read with Section 11/13 of MPDVPK Act, and Section 364(A) of IPC read with Section 11/13 of MPDVPK Act. Appellants abjured their guilt. After marshalling the evidence available on record, the trial Court has convicted and sentenced both the appellants as under :- Name of Section Punishment Fine In default, accused punishment Veerendra 364 (A) of Life Imprison- 10000/- Three years

@ Veera @ IPC & ment RI Ramveer 11/13 of MPDVPK Act Baiju @ 364 (A) of Life Imprison- 10000/- Three years Vijay IPC & ment RI 11/13 of MPDVPK Act 5. The grounds raised are that the prosecution has not proved all the essential ingredients of Section 364(A) of IPC, hence conviction under Sections 364(A) read with Section 11/13 of MPDVPK Act is not sustainable. It is further submitted that despite there was no evidence, the trial Court has given a finding that threat was extended to the abductees, which was of the degree to give rise to the abductees a reasonable apprehension to put them to death or to cause hurt. The demand was not communicated. There are material contradictions and omissions in the statements