NANDLAL PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these appeals arise out of the same judgment and order and as such, they have been heard together and are being disposed of by this common judgment.

(2.) NAND Lai Prasad (appellant in Cr. Appeal no. 246 of 2002), Harendra Mahto (appellant in Cr. Appeal No. 274 of 2002) and lai Bihari Prasad (appellant in Cr. Appeal no. 296 of 2002), aggrieved by the judgment dated 24-4-2002 and order dated 26-4-2002 passed by the 3rd Additional Sessions judge, West Champaran, Bettiah in sessions Trial No. 152 of 1995 holding them guilty under Section 364a of the indian Penal Code and inflicting the punishment of imprisonment for life and to pay a fine of rs. 5,000/- each, and in default to undergo rigorous imprisonment for a period of two years, have preferred these appeals.

(3.) PROSECUTION started on the basis of a fardbeyan given by P. W. 4 Vishwanath Sah before the Sub-Inspector of Police of bhairavganj Police Station on 21-1-1995 at 11 a. m. at Kanchhedwa Chowk within harsidhi Police Station. According to the informant, his nephew Manoj Kumar aged 16 years and Binod Kumar aged 11 years were studying in Alok Bharti School at bettiah and used to stay as tenant in the house of appellant Nand Lal Prasad at Ganj no. 2 within Bettiah Town Police Station in the district of West Champaran. In the said house, appellant Lal Bihari Prasad, a jeep driver, was also a tenant and living with his wife. His nephew Binod Kumar suddenly disappeared from the said house on 19-8-1994 at 6. 45 p. m. about which, his brother rama Narayan Prasad gave information to the Police on 23-8-1994, which resulted into a Station Diary Entry. The informant and his family members were making efforts to trace the victim Binod Kumar and in this process, it came to their notice that from the day victim Binod Kumar was missing, another tenant of appellant Nand Lal Prasad, namely, appellant Lal Bihari Prasad was also missing along with his wife.