RAJ BEER SINGH, J. - (1.) These four appeals have been preferred against a common impugned judgement and order dated 15.10.2016 passed by Special Judge (Dacoity Affected Area)/Additional Sessions Judge, Court No. 3, Farukhabad in Session Trial No. 3 of 2015, (State vs. Rinku Bhurji and Others) arising out of Case Crime No. 321/2014, under Section 364-A IPC, Police Station Kamalganj, District Farukhabad, whereby accused-appellants, namely, Rinku Bhurji, Ravindra, Kaushal Kachi, Vinod Shakya, Mulayam Singh alias Sewak Ram, Hukumi alias Ganja, Awnesh Bhurji, Babloo alias Amod Kumar and Jitendra Kumar alias J.K. alias Bajrangi have been convicted under Section 364-A of IPC and sentenced to life imprisonment along with fine of Rs. 10,000/- each and in default of payment of fine, they have to undergo one year additional imprisonment.
(2.) Case of prosecution is that on 01.11.2014 at around 6:00 AM, PW-3 Raju Sharma alias Tenu, aged 35 years, has left his home for going to Mainpuri by his motorcycle to collect some papers. At around 7:30 AM, PW-3 has made a call from his mobile no. 7897114548 to his wife Rita, but after that his mobile phone has gone switched off. As PW-3 Raju Sharma did not return back to his home, his brother PW-1 Devendra Sharma and other family members made search for him, but in vain. On 05.11.2014, motorcycle of Raju Sharma was found near Daurara Bridge in unclaimed condition. Complainant/PW-1 suspected that his brother Raju Sharma alias Tenu has been kidnapped by some unknown persons with an intention to kill him and accordingly, on 05.11.2014, he reported matter to police by submitting written complaint Ex. Ka-1
(3.) On the basis of written complaint Ex. Ka-1, case was registered on 05.11.2014 at 11:00 am under Section 364-A of IPC against unknown persons vide FIR Ex. Ka- 5.;