HARI KISHAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Five appellants in aforesaid three appeals were tried together and convicted and sentenced by the common judgment of the trial court, and as such, all the three appeals were taken up together under the heading "For Hearing" and are being disposed of by this common judgment.

(2.) All the appellants by judgment dated 13.09.2013 were convicted for offence under Section 364 of the Indian Penal Code, 1860 (hereinafter referred to as the "I.P.C."). By order dated 17.09.2013 all the aforesaid appellants under Section 364 of the I.P.C. were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 15,000/- each. In case of default in payment of fine they were directed to further undergo rigorous imprisonment for one year each. The judgment of conviction and sentence was passed by Shri Chandra Bhushan Kumar, learned Adhoc Additional District & Sessions Judge 3rd, Lakhisarai (hereinafter referred to as "trial judge") in Sessions Case No. 494 of 2011 (arising out of Lakhisarai (Chanan) P.S. Case No. 565 of 2009).

(3.) The case has been initiated on the basis of written complaint filed by Manohar Saw - P.W. 8 (father of the victim). The written complaint was filed before the Superintendent of Police, Lakhisarai. In the written complaint it was disclosed that on 04.11.2009 at about 9.00 P.M. in night his son - Sonu Kumar (victim) was kidnapped. He was wearing half white shirt and black full pant. He was having black complexion and aged about 09 years. There was cut mark on the right cheek just below the eye. In the written complaint it was further disclosed that on 07.11.2009 on his mobile a ransom demand of Rs. 500000/- was made from mobile no. 9504963018. The demand was made on the mobile phone of informant. The reason for the occurrence was explained by the informant in its written report that he was having land dispute with [1] Hari Kishan Yadav {appellant no. 1 in Cr. Appeal (D.B.) No. 960 of 2013}, [2] Shashi Bhushan Yadav {sole appellant in Cr. Appeal (D.B.) No. 1082 of 2013}, Lakmi Yadav {appellant no. 3 in Cr. Appeal (D.B.) No. 960 of 2013) and [4] Shantosh Yadav [sole appellant in Cr. Appeal (D.B.) No. 71 of 2014]. The informant raised suspicion against those persons in the complaint petition and requested to investigate the case. The said written report was having signature of P.W. 8. The said written report was dated 08.11.2009. The said written report was forwarded to Lakhisarai Police Station and on 09.11.2009 on the basis of said written report a formal F.I.R. vide Lakhisarai (Chanan) P.S. Case No. 565 of 2009 was registered at 9.45 A.M. for the offence under Section 364(A) read with Section 34 of the I.P.C. against:-