(1.) All the above appeals have arisen out of judgment of conviction dated 22.04.2014 and order of sentence dated 28.04.2014 passed by the learned Additional Sessions Judge-I, Danapur in Sessions Trial No. 520 of 2011 arising out of Danapur P.S. Case No. 25 of 2010 corresponding to G.R. No. 197 of 2010, whereby and whereunder the above named appellants have been convicted for the offence punishable under sections 364 and 120(B) of the Indian Penal Code and have been sentenced to undergo Rigorous Imprisonment for life and also to pay a fine of Rs. 10,000/- (Ten thousand) each for the offence under sections 364 and 120(B) of the Indian Penal Code. In default of payment of fine, they have further been sentenced to undergo Rigorous Imprisonment for a period of six months.
(2.) The prosecution case, as per written report of the informant/Surender Bhagat, is that his third son namely Chandu Kumar, was a student of Class-X in D.A.V., High School, Danapur. On 28.01.2010 at about 07:00 P.M., the appellant Saurabh Kumar came at his residence and took away his son Chandu Kumar towards road side. The informant also proceeded from his house for taking some house hold goods and he saw the appellant Saurabh Kumar taking away his son on main road of Nasriganj, where other accused persons namely, Jawahar Lal Rai, Bimal Gope, Pramod Chaudhary, Baiju Kumar, Mithilesh Kumar, Paljee, Amit Kumar and Bachcha Jee were present from before. They took his son towards East. Thereafter, the informant returned to his house, but when till late night his son did not return, he went to the rented house of Saurabh Kumar, which was found locked. The informant and his family members made search, but his son could not be traced out. Informant has expressed his belief that the accused persons, including these appellants, with intention to kill his son, have kidnapped him, because all the accused persons are criminals and there is admitted land dispute between the informant and the accused Jawaher Lal Rai and Bimal Gope.
(3.) On the basis of the aforesaid written report of the informant/P.W. 5 Surendra Bhagat, Danapur P.S. Case No. 25 of 2010 was instituted for the offence under section 364 / 34 of the Indian Penal Code. After investigation, the Police has submitted the charge-sheet under section 364 / 120(B) / 34 of the Indian Penal Code against the appellants namely, Jawahar Lal Rai, Pramod Kumar Chaudhary, Mithilesh Kumar, Bachcha Jee and Saurabh Kumar and for rest of the accused persons the matter remained pending. Thereafter, cognizance has been taken and the case has been committed to the Court of Sessions Judge on 25.02.2011. On 17.08.2011, charges were framed under sections 364 / 34 & 120(B) I.P.C. against all the accused persons.