CHHOTAI SINGH Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) ALL the three criminal appeals have been heard together because they arise out of same judgment/order of conviction/sentence dated 22.7.2003/23.7.2003 passed by 5th Additional District & Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 221/1995 (arising out of Bettiah P.S. Case No. 4/1994) whereby appellant, Chhotai Singh has been convicted under Section 364A read with Section 120B of the Indian Penal Code (for short IPC) and has been awarded life imprisonment. The appellants of other two appeals have been convicted for the offence under Section 364A I.P.C and also awarded life imprisonment.

(2.) The prosecution case is based upon a written report of the informant, Pramod Kumar Saran (PW - 2) lodged with the Bettiah Town Police Station on 6.1.1994 disclosing, inter alia, that he lives in the house of one Bhola Raut on rent and in the same premises he also runs cement shop. His son, Awadhesh Kumar Saran aged about 15 years and a student of Class -VIII was sitting in that shop on 16.7.1993 at 11:00 A.M. At that time Santosh Kumar Mishra (later treated as juvenile) appellant, Ravindra Kumar Prasad and appellant, Bablu @ Aurangjeb came to the shop and persuaded the victim boy Awadhesh Kumar Saran to close the shop and he proceeded with them. In spite of search in the town and in Gandak No. 2 (Colony) the victim boy could not be traced although all the relations were also contacted. The informant expressed suspicion that the three miscreants named above have made his son traceless with a view to realize money from the informant. He further disclosed that on 2.8.1993 he received a letter through post directing him to go to Motihari Jail gate with Rs. 5 Lakhs and meet one Rajdeo Giri, a representative of the kidnapper with a threat that the boy was in their custody and if any information would be given to the police then the boy would be killed. The informant alongwith some relations went to Motihari Jail gate on 4.8.1993 and met Rajdeo Giri. Rajdeo Giri and appellant, Chhotai Singh showed him clothes of his son and also a diary relating to the shop. The clothes were of the victim boy. The diary was given to the informant. On account of love for his son and on the advice of his relations the informant paid Rs. 55,000/ - on 22.8.1993 to Rajdeo Giri and appellant, Chhotai Singh after going inside the jail gate and requested them to release his son. Rajdeo and appellant, Chhotai Singh assured that the boy would reach his residence by next evening. However, the victim boy never came back. The informant came to know that the two persons whom he had met in the jail were notorious criminals. He claimed that the three boys had knowingly with a view to realize money kidnapped his son and had sold his son in the hands of gang of Rajdeo Giri and Chhotai Singh. He expressed apprehension that his son might have been killed also.

(3.) AFTER completing investigation police submitted charge -sheets against the appellants as well as Rajdeo Giri and Santosh Kumar Mishra on different dates. Proceeding against Santosh Kumar Mishra was separated as he was found to be a juvenile. It appears that Rajdeo Giri could not be put on trial because he chose to abscond. After cognizance the case of the appellants was committed to the court of sessions where they pleaded not guilty to the charges. After trial they have been convicted and sentenced by the judgment and order under appeal. The defence of the appellant appears to be simple denial of the allegations.