MANTOSH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the order of con-viction dated 24th Aueust 1994 passed by Sri Sheo Murat Ram, Assistant Sessions Judge, Ranchi in Sessions Trial No. 408/92 through which all these three appellant were convicted and sentenced to undergo rigorous imprisonment for ten year under Section 364 read with Section 120-B, IPC.

(2.) The prosecution case, in short, is that one Ajay Mahto was living in the house of the informant Sita Devi in village Nayasarai P. S. Jagar-nathpur District Ranchi. It has been alleged by the informant that on 22-12-1991 at about 10 p.m. two unknown persons entered in his house and on the point of revolver, they took Ajay Mahto and forced him to sit on their motors cycle and they escaped towards pundag and at that time they also threatened the informant not to raise any alarm otherwise she will be killed. The informant has further claimed that she can identify these two unknown persons who had kidnapped Ajay Mahto and has further claimed that he got apprehension and suspicion that those two criminals were set up by these three appellants for kidnapping of Ajay Mahto.

(3.) On the next day when Ajay Mahto could not be traced, a written report, that is, Ext. 2 was submitted before the Jagaranath Police. On that basis, this case was instituted under Section 364, IPC and police after investigation submitted chargesheet as against these three appellants only.