SAMSED AHMAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application is directed against the judgment dated 5th June, 2014, passed by the learned Sessions Judge, Dhanbad, in Cr. Appeal No.40 of 2014, whereby the appeal preferred by the State of Jharkhand against the accused petitioners, has been allowed.

(2.) The learned trial court vide its judgment dated 7th February, 2014 acquitted the accused petitioners from the charge under Section 365/34 IPC, whereas the learned appellate court after setting aside the judgment passed by the learned trial court convicted the petitioners for the offence under Section 365/34 and directed them to undergo RI for 5 years for the said charges.

(3.) The prosecution case in brief is based upon the written report of the informant-Abdul Jabar, alleging therein that on 01.07.2005, at about 8:30 P.M, when he returned from his duty, he found his two sons, namely Md. Faizan Sarhad and Md. Jishan Zafar were weeping. On query, they informed that at about 1:30 P.M, Samsad Ahmad and Iftar Ahmad (Petitioners herein) had come and kidnapped his another son- Md. Laraib. Upon such information, the First Information Report was registered and police investigated the case and submitted charge-sheet against the petitioners. Thereafter, cognizance was taken and the petitioners pleaded not guilty and sent up for trial.