UDAY YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Yogesh Chandra Verma, learned senior counsel for appellant and Mr. Sujit Kumar Singh, learned Additional Public Prosecutor for the State.

(2.) The present appeal has been filed by the appellant-convict under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') challenging the impugned judgment of conviction and order of sentence dtd. 3/5/2019 passed by learned Fast Track Court-II, Civil Court, Lakhisarai in Sessions Trial No. 494A/2011/Trial No. 326/2018, arising out of Lakhisarai P.S. Case No. 565/2009 G.R. Case No. 1226 of 2009 whereby the concerned Trial Court has convicted the present appellant for the offences under Sec. 363, 364 and 365 of the I.P.C. and directed to undergo rigorous imprisonment for life and a fine of Rs.10,000.00 under Sec. 364 of the I.P.C. and in case of failure to deposit the fine, he shall to undergo S.I. of one month, R.I. for five years and fine of Rs.5000.00 under Sec. 363 of the I.P.C. and in default of payment of fine, fifteen days S.I. and R.I. for five years and fine of Rs.5000.00 under Sec. 365 of the I.P.C. and in default of payment of fine, fifteen days S.I. All the sentences. However, all the sentences have been ordered to run concurrently.

(3.) The brief case of the prosecution, as speaks through written information of the informant namely, Manohar Sao, PW-8, which was given to Superintendent of Police, Lakhisarai on 8/11/2009, stating therein that his son namely, Sonu Kumar aged about nine (9) years was kidnapped on 4/11/2009 at about 9:00 p.m. from village ' Lakhochak, Post ' Bichhwai, P.S. - Itaun, District ' Lakhisarai. Narration also speaks about description of his kidnapped son regarding his body complexion and mark of identification having a scar mark on right chick below eye, he was in black full-pant and white half shirt. It also appears from written information that he received a ransom call of Rs.5,00,000.00(Five Lakhs) on 7/11/2009 from Mobile No. 9504963018, which was recorded by him. It is also stated thereof that he has strong suspicion that his son namely, Sonu Kumar might be kidnapped and murdered by one Harikishan Yadav, Shashi Bhushan Yadav, Laxmi Yadav and Santosh Yadav, all sons of Late Vijay Yadav @ Jhuna Yadav as there is land dispute with them, who had threatened him in past to face the dire consequences.