- (1.) HEARD learned Counsel for the appellants Shri Ravi Singh Shishodiya and Shri Niraj Sahu as well as learned Additional Government Advocate.
(2.) SINCE both appeals arise out of one and the same judgment, the same are being taken up together for the purpose of consideration of bail. These appeals have been preferred by the appellants, namely, Kamlesh, Jageshwar, Ram Prakash, Gendan Lal and Mahendra alias Thakur against judgement and order dated 23.03.2010 passed by learned Special Judge, SC/ST Act, FTC -6, Hardoi in Session Trial No. 711 of 2000 (arising out of Crime No. 48 of 2000, police station Sandi, district Hardoi) whereby the appellants have been convicted as under: 1. Appellants, namely, Kamlesh, Ram Prakash and Gendan Lal have been convicted under Section IPC and sentenced for maximum term of life imprisonment with fine stipulation. 2. Appellants, Jageshwar and Mahendra alias Thakur have been convicted under Sections IPC read with SC/ST Act and sentenced for a maximum term of life imprisonment with fine stipulation. We have gone through the judgment of the court below as well as lower court record.
(3.) IT comes out that one Bhikham Das was kidnapped by the accused -appellants on 29.04.2000 in the midnight at 00.00 hours of which FIR was lodged on 04.05.2000 at 14.45 hours while the distance to the police station from the place of incident is 9 km. This kidnapee -Bhikham Das was later on recovered in the night of 04./05.05.2000. Argument advanced by learned Counsel for the appellants is that Bhikham Das, as per prosecution case, was kidnapped by the accused -appellants of which FIR was lodged on 04.05.2000 and on the same day, in the night, he was recovered. The prosecution in support of its case examined various witnesses, out of those prosecution witnesses PW -2 (Suresh Pal) was declared hostile and thus testimonies remain of PW -1 (complainant) and PW -3 (Kidnapee). Submission is that the testimonies of PW -1 & PW -3 are not so trustworthy so as to convict the appellants under Section IPC. Further argument is that there is no question of making the case by the prosecution under Section SC/ST Act.;