MILAN SINGH S/O MANIK SINGH RESIDENT OF VILLAGE SIMULTALA, P.S. SIMULTALA, DISTRICT JAMUI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The appellant Milan Singh of Cr. Appeal No. 163 of 2013 and the appellant Bhuni Ravidas of Cr. Appeal No. 222 of 2013 and one Ajit Kumar (since acquitted) were put on trial in S.T. No. 57 of 2011 of the court of learned Ad hoc Additional District and Sessions Judge-IV, Jamui. They were charged under section 364-A/34 Penal Code for having kidnapped the son (Divakar Kumar) of the informant and released the victim only upon payment of ransom. The learned trial court, on appreciation of evidence, produced at the trial, held the appellants guilty of the charge(s) under judgment dated 29.01.2013 and by an order of sentence dated 30.01.2013 both of them were sentenced to undergo S.I. for life along with fine with default clause. Co-accused Ajit Kumar was, however, acquitted.

(2.) We have heard Mr. Nagendra Dubey and Mr. Pankaj Kumar Sinha in support of Cr. Appeal No. 163 of 2013 and Cr. Appeal No. 222 of 2013, respectively, and the APP for the State.

(3.) The prosecution case as unfolded at the trial through the written report submitted by P.W.4 Anita Devi (the mother of the victim) on 08.10.2010 at 7.45 A.M. and registered by SHO of Laxmipur police station (P.W.7) who also took up the investigationally of the case, in brief, is that in the evening of 07.10.2010 at about 7.00 P.M. while the family members were on the roof, the door was knocked. They heard the voice of P.W.3 who was saying that some people had come to solicit votes where after the main door of the house was opened. 5-6 masked culprits came on the roof and took the 14-year-old son (P.W.6) of the informant along with them. Following day and after several ransom calls were received and only upon payment of the ransom amount, the victim boy was released 07 days after his kidnapping. Obviously, no one has been named by the informant in the FIR which was formally drawn on 08.10.2010 (Ext.2). The I.O. (P.W.7) investigated the case and finding the accusations true against the present appellants and one another co accused, submitted the charge-sheet which gave rise to S.T. No. 57 of 2011 of the court of Ad hoc ADJ-IVth, Jamui wherein the charges were framed and read over to the appellants who pleaded their innocence and claimed to be tried.