VIDYANAND RAI @ VIDYA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal was filed under Section 374(2) read with Section 389(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') on behalf of the three appellants against their conviction and sentence passed in Sessions Trial No. 115 of 2011. All the three appellants by judgment of conviction and sentence dated 31-08-2012 were held guilty and convicted for commission of offence under Sections 364(A)/34 and 201/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.'). Under Section 364(A)/34 of the I.P.C., all the aforesaid three appellants were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/- (twenty thousand) each and in default of payment, they were directed to further undergo imprisonment for two months. Under Section 201/34 of the I.P.C., they were directed 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 one month. All the three appellants were tried together in Sessions Trial No. 115 of 2011 (arising out of Ganga Bridge P.S. Case No. 54 of 2010). The judgment of conviction and sentence was passed by learned Additional Sessions Judge - II, Vaishali at Hajipur (hereinafter referred to as 'Trial Judge').

(2.) Short fact of the case is that on 23-12-2010 at about 7:15 PM, one Ram Pravesh Rai of village Terasiya, P.S. - Ganga Bridge, District Vaishali submitted written report before the officer incharge of Ganga Bridge Police Station, Vaishali. In the written report, it was disclosed that on the last date i.e. 22-12-2010, his son namely Niraj Kumar, aged about 4 years & 3 months of village Terasiya had gone to Aanganbari Centre No. 6 in village Terasiya for his study, however till 12:00 noon, he did not return. Thereafter, the informant and his whole family searched him, but of no avail. In said context, on 23-12-2010, he had lodged a sanha report in Ganga Bridge Police Station. Again, on the same date at 7:15 P.M. he had lodged a written report in Ganga Bridge Police Sation. On 23-12-2010 at about 1:49 PM from mobile No. 9204804332, the informant received a call on his mobile, bearing no. 9631027628, and he was threatened and asked to pay ransom amount of Rs. 15,00,000/- (fifteen lacs), otherwise informant was directed to see the consequences. The informant suspected that his son Niraj Kumar was kidnapped for ransom. On aforesaid information, he gave written report to the police with request to take appropriate steps for recovery of his son.

(3.) On the basis of said written report, on the same date and same time i.e. 23-12-2010 at 7:15 P.M., a formal F.I.R., vide Ganga Bridge P.S. Case No. 54 of 2010, was registered under Section 364(A) of the I.P.C. against unknown. During investigation, all the three appellants were arrested and finding the case true, on 31-01-2011 charge-sheet was submitted against all the three accused persons, whereupon on 22-02-2011, learned Judicial Magistrate 1st Class, Vaishali at Hajipur took cognizance of the offence and case was committed to the court of sessions on 31-03-2011 and it was numbered as Sessions Trial No. 115 of 2011. In the case, on 14-07-2011, joint charges were framed under Sections 364 A/34, 302/34 and 201/34 of the I.P.C. against all the three appellants.