Madhya Pradesh High Court
Mazid Khan vs The State Of Madhya Pradesh on 25 November, 2017
Author: H. P. Singh
Bench: H. P. Singh
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HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT
JABALPUR
Division Bench : Hon'ble Shri Justice S. K. Gangele &
Hon'ble Shri Justice H. P. Singh
CRIMINAL APPEAL NO.234 OF 2011.
Mehtab Khan
Versus
State of Madhya Pradesh
For appellant : Shri K. K. Verma, Adv (Amicus Curie).
For respondent/State : Shri Yogesh Dhandey, G. A.
CRIMINAL APPEAL NO.2439 OF 2010.
Mazid Khan
Versus
State of Madhya Pradesh
For appellant : Shri R. S. Shukla, Adv (Amicus Curie).
For respondent/State : Shri Yogesh Dhandey, G. A.
ORDER
(Passed on 25.11.2017) As per S.K. Gangele, J:
1. These two appeals have been filed against the common judgment dated 3.8.2010 passed by Special Judge, Satna in S. T. No.03/2009. Both the appeals have been heard together and a common judgment is being passed.
2. Prosecution story in brief is that Shivratan Yadav has three sons namely Bala Prasad Yadav, Rajkumar Yadav and Rajaram Yadav. On 3.12.2006 Buffalo of his brother was not traceable, hence to search aforesaid buffalo his brother Munna Yadav, his son Bala Prasad Yadav and brother-in-law (Samdhi) had gone to the forest of Seha, at about 5.00 2 O'clock in the evening Munna Yadav told him that when they were searching the buffalo in the forest five persons armed with guns had catch hold Munna Yadav, Bala Prasad Yaadav and him. Munna Yadav ran away from their custody. However, they had taken Balaprasad to Chanda Mine.
He told him that all the accused persons were armed with gun. They had beaten him and his son Bala Prasad Yadav. They had left him and directed to inform the father of Bala Prasad Yadav that if he wants release of his son he would pay ransom of Rs.20,000/-, failing which they would kill his son. Complainant Shivratan Yadav along with other persons informed the aforesaid incident at S. A. F. Camp Kathwariya. The case was registered, abductee was recovered, he was medically examined. Accused persons were arrested, during encounter Rajababu was died. From possession of Mazid Khan cartilage was seized. After investigation the police filed the charge sheet before the Court and thereafter case was transferred to Special Court. During trial appellants abjured the guilt. Special Court held guilty the appellants for commission of offence punishable under Section 364-A of IPC and awarded sentence of life with fine of Rs.10,000/- each.
3. Learned counsel for the appellants has submitted that the judgment passed by the trial Court is against the law. The evidence of identification of the appellant is not proper. Appellants were shown to the witnesses before identification parade. It is further submitted by the learned counsel that there is no evidence of ransom. Hence, the appellants are liable to be acquitted from the alleged charge and prayed for allowing the appeal. 3
4. Learned counsel for the State has submitted that the judgment of the trial Court is in accordance with law. There is proper identification of the accused persons. The witnesses have identified the accused persons during trial. There is specific evidence that demand of ransom was made. Hence, the judgment passed by the trial Court is in accordance with law and prayed for dismissal of this appeal.
5. Bala Prasad P. W. 1 abductee deposed that at about 8-9 O'clock in the morning he, Mathura Prasad and Munna had gone to forest for searching buffalo of Munna and at about 9-10 O'Clock in the morning five miscreants met us, they were armed with guns, they had tied our hands. Munna ran away from their custody and Mathura was released by miscreants with a direction that he should bring Rs.20,000/- from Bala Prasad. Miscreants had beaten him and Mathura by Danda and butt of gun. We stayed in the forest near a river. In the morning I ran away from the custody of miscreants, thereafter I met with Superintendent of Police, I told him about the incident. Thereafter, we had gone near Tinpuliya culvert at that time miscreants were sleeping, police fired on at them. They also fired in that encounter Rajababu was died. They ran away from the spot. Subsequently, they were arrested. He identified the appellants in the Court also. He further deposed that Mazid and Abtabh Khan had beaten him. I was medically examined at Primary Health Center, Barondh. Police had called me for identification at Central Jail. Identification parade was held at Central Jail. I identified accused Mazid Khan. Tahsildar conducted identification parade. No police person was present at the time of 4 identification parade. Proceeding of identification parade is Ex. P.5 I signed the proceedings. Mathura also identified Mazid Khan. After three months police again called me at Central Jail Satna for identification and in that identification parade I identified Mehtab Khan. It was conducted by Tahsildar. Proceeding of identification parade is Ex. P.2. I signed the same. I also signed Panchnama Ex. P. 3. The person who died during encounter was identified by me. He specifically deposed that I saw the accused person for first time when they had abducted him, second time in identification parade and third time in the Court. He specifically deposed that he had identified both the accused persons. They had beaten him by butt of the gun and made demand of Rs.20,000/-.
6. Mathura Prasad P. W. 2 deposed that in the morning I along with other persons had gone to search buffalo of Munna Yadav, on the way near culvert accused persons met us. They had tied our hands. Munna had ran away from their custody. Accused persons taken us near river. They had beaten us. They had released me and directed me to take Rs.20,000/- from Bala Prasad. I told aforesaid fact to Bala Prasad. He informed me that he had no money. He further deposed that he was beaten by Mazid, Mehtab and Rajababu, who was killed subsequently. He further deposed that I had gone to Central Jail Satna along with Bala Prasad where identification parade of the accused persons was held by the Tahsildar and I identified Mehtab by putting my hand on his head and signed the proceedings of identification parade. I also identified Mazid Khan. The police prepared map.
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7. Sohanlal Yadav P. W.4 deposed that I was told by Mathura about abduction. He told me that accused persons had made demand of ransom and Shivratan could collect Rs.8,000/- only, thereafter he informed Sarpanch and SAF Guard.
8. Munna Yadav P. W. 5 deposed that I know Mazid Khan by name and at around 8.00 O'clock in the morning, we had gone to forest Seha to find out the buffalo at that time five miscreants met us, they were armed with guns. They asked me that from where we are coming. I answered that we are searching buffalo, in that event they had tied my hand and after some time I ran away from their custody. After some time Mathura reached to his house. However, miscreants did not release Bala Prasad, they were making demand of Rs.20,000/-. They also told if ransom of Rs.20,000/- is not paid, they would kill Bala Prasad. We told aforesaid fact to Shivratan and other family members and that information was given to S. A. F. and police. After some time S. D. O. P. came to the village. Police had gone to forest and thereafter they ran away from there.
9. Ram Niranjan Yadav P. W. 6 deposed that he and other persons informed the SAF about the incident and thereafter information was given to the police through wireless. Durjan Yadav P. W.7 also deposed the same facts that he received the information that accused persons had abducted Bala Prasad, thereafter we went to S. A. F.
11. Dr. S. K. Verma P. W. 9 deposed that I examined injured Mathura Prasad and noticed that there was a injury size 2x1/2 inch on the writs of left 6 hand and another injury was of 2x1/2 c. m. in the waist. I also examined Bala Prasad and noticed following injuries ;
(i) there was a swelling and bruises in left wrist size 2x 2 c. m. and one bruises in right side of thee-ma.
He further deposed that I also signed MLC report which is Ex. P.12.
12. Shivratan Yadav P.W. 11 deposed that his son had gone to forest to search buffalo. Police had also gone to forest. There was an encounter in which one miscreants was died. On my information Dehati Nalisi was recorded, which is Ex. P.13 and I signed the same.
13. Vikash Singh P. W. 14 Tahsildar deposed that on 5.12.2016, I was posted as Tahsildar Majhgawa. Identification parade was held at about 11.00 O'clock in Barondha hospital. In the aforesaid identification parade witnesses identified Mazid Khan. All the accused persons were covered with clothes. Witnesses identified the accused persons. There were five persons including accused at the time of identification parade and no police person was there. I prepared identification proceedings, which is Ex. P.1 and I signed the same. On 31.3.2007 again another identification parade was held at Central Jail Satna. In the aforesaid identification parade accused Mehtab Khan was identified by Bala Prasad and Mathura. Six other persons were also standing along with accused persons, at the time of identification parade no police person was present. Memo of identification parade was prepared which is Ex.P.2 and signed the same.
14. Mukesh Tiwari P. W. 12 is Investigation Officer. He deposed that on 3.12.2006 I was In-charge of Police Station Barondha. An information was 7 received on wireless from SAF Camp that Bala Prasad was abducted. On the aforesaid information, I along with police staff went to the village Pahuwa and after reaching at the village on the information of Shivratan Yadav a Dehati Nalisi was recorded. In the aforesaid Dehati Nalisi Shivratan informed that on 3.12.2006 in the morning buffalo of Munna Yadav was missing, to search buffalo his brother Munna Yadav, his son Bala Prasad Yadav and brother-in-law Mathura Prasad had gone to forest and at about 5.00 O'clock in the evening Mathura Yadav told him that five armed persons had abducted Bala Prasad. Mathura Yadav was released by miscreants. He directed that he would take an amount of Rs.20,000/- ransom, failing which he would kill Bala Prasad. Thereafter, I also prepared Recovery Panchnama, which is Ex. P.7 and Ex. P.8 and signed the same. I recorded the statement of Shivratan Yadav, Mathura Prasad, Munna Yadav, Sohan Yadav, Ramniranjan Yadav Rajkumar Yadav, Durjay Yadav and Mohan Swroop Choubey. I prepared a plan to save abductee from miscreants, I also prepared spot map Ex. P. 14 and I signed the same and also prepared recovery memo of Bala Prasad about 7.35 O'clock in the morning, which is Ex. P.3 and signed the same. An encounter had taken place on 4.12.2006 and some property was seized from the spot by Ex. P.15 and Ex.P.16. Abductee was sent for medical examination on 4.12.2006. Mazid Khan was arrested by arrest memo Ex. P.3 and I signed the same. Identification memo was prepared by Tahsildar on 5.12.2006.
15. Ashok Kumar Jha P. W. 13 deposed that on 4.12.2006, he was posted as Head Constable and on that day I received a Dehati Nalisi and thereafter 8 I registered a Crime vide Crime No.116/2006, which is Ex. P.12 and I signed the same. Accused Mehtab was brought from Banda. He was arrested on 28.3.2007. I submitted an application for identification of the accused to the office of S. D. M.
16. From the evidence of P. W.1, who is abductee, P. W. 2 Mathura Prasad, who was abductee but released subsequently, this fact has been proved that accused persons abducted Bala Prasad, they had taken him to the forest and a demand of ransom of Rs.20,000/- was made. P. W. 5, who had gone to the forest with Balaprasad, he was also abducted and thereafter he ran away from the custody of accused person, thereafter a demand of Rs.20,000/- was made. Bala Prasad received injuries and simultaneously Mathura also received injuries. Both were examined by the Doctor. He proved the fact that he noticed injuries of P. W. 1 and P. W.2. Witnesses deposed that they identified accused persons Mazid Khan and Mehtab Khan in the identification parad. Tahsildar P. W. 14 who conducted identification parade had verify the fact that during identification parade the accused persons were identified by the witnesses. Proceedings of identification parade are Ex. P.2 and Ex. P.5. These proceedings are signed by Tahsildar. Dehati Nalisi is Ex. P.13, which was recorded by P. W. 11 Shivratan. Spot map is Ex. P.14. Abducted witnesses P. W. 1 and P. W. 2 specifically deposed that a demand of ransom of Rs.20,000/- was made by the accused persons, it was also said that if the amount is not paid then they will kill Bala Prasad. The aforesaid facts have been proved from the evidence of other witnesses also. In this view of the matter, in our opinion, the trial 9 Court has rightly held appellants guilty for commission of offence punishable under Section 364-A of IPC and awarded the sentence of life.
17. The Apex Court in the matter of Vikram Singh Vs. Union of India reported in (2015) 9 SCC 502 has held in regard to minimum sentence for commission of offence punishable under Section 364-A of IPC is life imprisonment. Hence, in our opinion, trial Court has rightly awarded the sentence of life. However, the trial has committed error in awarding fine of Rs.10,000/- and some sentence in default. Consequently, appeal is allowed till the extent of fine amount and sentence in default of payment of fine amount. However, sentence of imprisonment of life as awarded by the trial Court is hereby upheld.
18. The conviction and sentence of the appellants awarded by the trial Court is upheld while fine imposed by the trial court is hereby set aside.
(S.K. Gangele) (H. P. Singh)
Judge Judge
kkc
Digitally signed by KRISHAN KUMAR CHOUKSEY
Date: 2017.11.27 16:01:02 +05'30'