Code"] assailed the legality and validity of their
conviction under Section 364 A read with Section 120 Bof
the IPC and consequent ... ingredients of Section 364A
IPC, this Court held as under:
" 12. To attract the provisions of
Section 364-A what is required
under
Sections 148, 365 r.w. 149 and 302 r.w. 149 IPC and
convicted him simpliciter under Section 364-A IPC ... accused Baiju under Section 364-A IPC
simpliciter in place of 364-A r.w. 149 IPC and reducing
the default
court below found that offences under section 364-A and Section 365 IPC
were committed by the appellants and accordingly directed them ... record to bring home
the charges under Section 364-A and Section 365 of IPC. To elaborate,
Shri Kochar argued that necessary ingredients
with Section 11/13 of
MPDVPK Act and under Section
323 of IPC
Siddhar (Appellant No.2) Under Section 364-A of ... read with Section 11/13 of
MPDVPK Act and under Section
323 of IPC
Kamarlal @ Bhindua (Appellant Under Section 364-A of
under Section 364A of the IPC when the charge
framed was under Section 364 read with Section 34
of the IPC ... available, that will constitute
28
the offence under Section 364-A of the Penal Code.
Any of the three ingredients can take place
thereof, to make a demand for
ransom.
17. In the light of provisions of Sections 363 , 364 , 364-A of IPC ... 364-A of IPC r/w Section 11 / 13 of MPDVPK Act to
Section 363 of IPC r/w Section
IPC, Section 13 of MPDVPK Act,
Section 302 / 34 of IPC and under Section 201 read with Section 34
of IPC ... Sections 120,
364-A/120-B read with Section 13 of MPDVPK Act, in alternative
under Sections 364-A / 149 of IPC read
charge under Section 365 / 34 of IPC.
6. The Appellant Punjab Singh has been convicted under Section
364(A) of IPC ... IPC read with Section 11 / 13 of MPDVPK Act. By order dated 2-2-
2008 charge under Section 364(A
completion of investigation and other formalities, filed charge sheet
under Section 364-A of IPC r/w Section 11 / 13 of MPDVPK ... incident in question, therefore, the essential
ingredients of Section 364-A of IPC are lacking. Hence, we are of the
considered opinion that
accused persons for commission of offence punishable under
Section 364-A / 34 of Indian Penal Code [in short " IPC "] and
sentenced ... 364-A / 34 of IPC.
(20) A bare reading of Section 364-A of IPC which is reproduced
as under, indicates
