DESRAJ Vs. THE STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the applicants -Appellants and the learned Additional Government Advocate on the application for bail moved under Section 389 Code of Criminal Procedure along with the instant appeals.

(2.) SINCE Appellants -Desraj, Babloo Nat alias Raj Kishore, Vinod Yadav, Sushil Yadav and Ram Naresh have preferred the appeals against one and the same judgment and order dated 07.02.2008 passed by the learned Special Judge, Gangster Act, Luck now in Sessions Trial No. 234 of 2004 whereby they have been convicted under Section 364 -A Indian Penal Code and have been sentenced for maximum term of life imprisonment with fine stipulation, the applications are being taken up together.

(3.) IT comes out that incident had taken place on 29.10.2003 of which FIR was lodged by Anoop Kumar Nigam against unknown persons alleging therein with respect to abduction of his brother Rajendra Kumar Nigam; on 30.10.2003 as well as on 31.10.2003 two letters were written by abductee -Rajendra Kumar Nigam asking his brother Anoop Kumar Nigam -complainant (PW -1) for payment of certain amount as ransom to the accused persons; complainant -Anoop Kumar Nigam along with Ajay Kumar Nigam (PW -2) on the dictation of the accused boarded on last bogie of the train; on a particular place where black -flag was embedded in a field 5 lacs rupees was thrown; at the same point of time the complainant was able to read number of two motorcycles and also recognized accused persons, who were sitting on them, and name of the accused persons had come into light as two accused persons accompanied PW -1 and PW -2 in the same bogie.