ROSHAN EKKA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These two appellants, by filing this appeal, have challenged the judgment of conviction dated 18th of August, 2007 and the order of sentence dated 21st August, 2007 passed by the Sessions Judge, West Singhbhum at Chaibasa in Sessions Trial No.33 of 2005 arising out of G.R. No.433 of 2004.

(2.) The Trial Court, after finding the appellant, Roshan Ekka guilty of offence under Sections 364A, 302 and 201 of the Indian Penal Code, and appellant Rajesh Ekka guilty of offence under Sections 302/34 and 201 of the Indian Penal Code, convicted them for the offence under the said Sections of Indian Penal Code. Appellant Roshan Ekka was sentenced to undergo rigorous imprisonment for life with a fine of Rs.25,000/- for offence under Section 364A of the Indian Penal Code, rigorous imprisonment for life with a fine of Rs.25,000/- for offence under Section 302 of the Indian Penal Code and 3 years rigorous imprisonment with a fine of Rs.5,000/- for offence under Section 201 of the Indian Penal Code. Appellant Rajesh Ekka has been sentenced to undergo life imprisonment with a fine of Rs.15,000/- for offence under Section 302/34 of the Indian Penal Code and rigorous imprisonment for 3 years with fine of Rs.5,000/- for offence under Section 201 of the Indian Penal Code.

(3.) The first information report is based upon the fardbeyan of Rajendra Prasad (P.W.4). He filed a written report before the Officer-in-Charge, Muffasil Police Station stating therein that on 03.10.2004 at about 05.00 p.m., his son Vishal was playing near his house along with other children. After playing, all the children returned, but, his son did not. Search started, but, Vishal could not be traced out. An information to that effect was given to the police in the evening. The search continued at night, but the whereabouts of the boy remained unknown. Again on the next day on 04.10.2004, the search continued whole day, when they came to know that on 03.10.2004, where Vishal was playing, Roshan Ekka (appellant No.1) was spotted in a suspicious manner and he was seen along with the boy till dark, by friend of Vishal and immediately, thereafter the boy went missing. The informant in the first information report mentions that Roshan Ekka is of dubious character. It is mentioned in the first information report that the informant and others went to the house of Roshan Ekka, when the elder brother of Roshan Ekka namely, Bobby Ekka, his mother Kusum Ekka and his brothers Ranjeet Ekka and Rajesh Ekka (appellant No.2) seeing them, became perplexed and inquired as to why they have come to their house. Behaviour of the members of the family of these appellants were suspicious. Seeing the said behaviour the informant believed that with a bad intention his son has been kidnapped by Roshan Ekka and his family members and he might be killed.