OM PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) The above criminal appeals have been filed against judgement and order dated 23.10.1997 passed by the Fist Additional Sessions Judge, Faizabad in Sessions Trial No. 356 of 1988, State vs. Radhey Shyam and others, whereby appellants Om Prakash, Sant Ram, Ramchandra Shukla, Radhey Shyam and Hausala Prasad Shukla have been convicted under sections 363 and 368 I.P.C. and sentenced to five years rigorous imprisonment and Rs. 500/- fine with default stipulation of three months imprisonment for each offence.

(2.) The factual matrix of the case is given as under:-

(3.) The investigation of the case was under taken by S.I. Ram Awadh who recorded statements of kidnapped, members of the police party which arrested appellants and recovered the victim and other witnesses and submitted charge-sheet against the appellants namely Radhey Shyam, Sant Ram, Ram Chander Shukla, Om Prakash and Haushla Prasad Shukla under sections 363, 366 and 368 I.P.C. in the Court of the concerned Magistrate. The case of appellants being triable by the Court of Sessions, the concerned learned Magistrate committed the case to the Court of Sessions from where the case was transferred to the Court of Additional Sessions Judge which framed the charge against appellants under Sections 363, 366 and 368 I.P.C. which they denied and claimed to be tried.