NARAYAN MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These criminal appeals have been directed against the judgment of conviction and order of sentence dated 27.05.2005 and 31.05.2005, respectively, passed by the Learned Additional Judicial Commissioner, F.T.C, Ranchi, in Sessions Trial No. 225 of 1995, corresponding to G.R. Case No. 1595 of 1994 arising out of Ratu P.S. Case No. 82 of 1994 whereby the appellants have been held guilty for the offences punishable under Sections 364-A and 387/34 of the I.P.C and sentenced to undergo R.I. for life and also to pay a fine of Rs. 5000.00, in default of making payment of fine, further rigorous imprisonment for two years under Section 364-A of the I.P.C. They have further been sentenced to undergo rigorous imprisonment for seven years under Sections 387/34 of the I.P.C. Both sentences so passed were directed to run currently.

(2.) The facts emerging from the written report lodged by Dr.Suman Sinha, wife of the victim, is that on 31.05.1994 Dr. Kamlesh Prasad Sinha left for his clinic on his scooter bearing No. BR-14A-6989, but did not return home. On 01.06.1994 at about 8.00 a.m., compounder Lakhan Prasad Keshri-P.W.4 handed-over a letter addressed to the informant by which a sum of Rupees four lacks as ransom was demanded. After receiving the letter for ransom, the informant got convinced that her husband has been kidnapped and a written report was lodged with Ratu Police Station. On the basis of the written report lodged by Dr. Suman Sinha, Ratu P.S. Case No. 82 of 1994, under Sections 364/34 of the I.P.C against unknown accused was registered. The investigation was carried out and after securing attendance of the accused, charge-sheet was submitted and accordingly cognisance was taken.

(3.) Initially appellant Bisheswar Mahto was apprehended, whereas co-convict Narayan Mahto was absconding. Case of Bisheswar Mahto was committed to the Court of Sessions and registered as S.T. No. 225 of 1995.Charges were framed against him on 04.5.1995.