AJAY KUMAR @ SHIV Vs. STATE OF BIHAR

JUDGEMENT

(1.) In all the aforesaid four appeals, appellants were convicted and sentenced by a common judgment in Sessions Trial No. 405 of 2012 by Sri Jitendra Mishra, learned Adhoc Additional District & Sessions Judge 1st, Bettiah, West Champaran (hereinafter referred to as the 'Trial Judge') and as such, all the appeals were taken up together for hearing and are being disposed of by this common judgment.

(2.) All the four appellants by judgment dated 09-07-2014 were held guilty and convicted for commission of offence under Sections 364(A) /34, 302/34, 201/34 and 120(B) of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') and by order dated 15-07-2014, they were sentenced to undergo rigorous imprisonment for life under Sections 364(A) /34 of the I.P.C. with fine of Rs. 10, 000/- (ten thousand) each and in default of payment of fine, they were directed to further undergo imprisonment for six months. Under Sections 302/34 of the I.P.C., they were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10, 000/- (ten thousand) each and in default of payment of fine, they were directed to further undergo imprisonment for six months. Under Section 120(B) of the I.P.C., all the appellants were sentenced to undergo rigorous imprisonment for life with fine of Rs. 10, 000/- (ten thousand) each and in default of payment, they were directed to further undergo imprisonment for six months. Similarly, under Section 201/34 of the I.P.C., all the appellants were sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- (five thousand) each and in default of payment of fine, they were directed to further undergo imprisonment for three months. All the sentences were directed to run concurrently.

(3.) Before delving with details of the case, it would be necessary to succinctly examine the prosecution case. In the case, minor son of one Neelu Devi (P.W.6) was kidnapped. The mother of the victim, with a dream to see her son in appropriate position away from her husband (P.W.1) hiring a house on rental basis, was staying in Village - Parsauni, P.S. - Nautan, District - West Champaran. Her son was admitted in a school namely Vidya Vatika School, Chhawni. Her husband (P.W.1) was working in Mumbai. On 13-03-2012, her minor child aged about 11 years went to school for appearing in class examination by school jeep. Usually, her child was returning in between 1:30 PM to 2:00 PM, however; on 13-03-2012, he did not return. The mother hectically searched for her child, which went in vain. Finally, on the next date i.e. on 14-03-2012, she filed a written report regarding missing of her son affixing passport size photograph thereon of her son. This information was given by the mother to her husband also, who immediately after receiving such information returned back from Mumbai. He alongwith wife also tried to locate their son, but all went in vain. In the meanwhile, some news published in the newspaper regarding missing of the child of the informant. Subsequently, a poster was pasted beside the rented house of the mother (P.W.6) , through which, it was intimated that the child was in the captive of the accused persons and accused persons asked for contacting them and on the said poster, a mobile number was also mentioned i.e. 9507177628. Thereafter, one probationer Sub-Inspector of Police was entrusted to inquire the Sanaha, which was lodged by the mother of the victim. Vinod Kumar Singh, Prob. Sub-Inspector of Police (P.W.11) on 01-04-2012 submitted a written report to the officer incharge of Town Police Station, Bettiah, in which, he disclosed that on 14-03-2012, Neelu Devi (P.W.6) wife of Sunil Kumar Pandey (P.W.1) , resident of village - Parsauni, P.S. Nautan, District - West Champaran had submitted a written report. In the said written report, Neelu Devi had disclosed that she was residing in a rented house of one Balister Raut (P.W.4) in Shiksha Nagar, Lane no. 2, Bettiah for providing education to her child. Her son Sachin @ Vicky aged about 11 years on 13-03-2012 in the morning at 7:00 AM had gone to school and he did not return house. The informant P.W.11 further stated that in the said context, he had recorded station diary entry no. 380/12 dated 14-03-2012 and he was given charge to conduct enquiry. While conducting enquiry, he went to the school of Sachin @ Vicky i.e. Vidya Vatika School Chhawni, where he got an information that on 13-03-2012 the boy at 1:00 PM had gone for his house from the school, but he did not reach. On 01-04-2012, in the morning at 9:30 AM, he got an information that on the house of neighbour Hanuman Tiwary on the southern wall, a poster was pasted relating to Sachin @ Vicky. P.W.11 thereafter went there and saw that on southern wall on a plain paper, a hand written poster was pasted, over which, following fact was recorded:-