Pratyush Kumar, J. - (1.) Both the appeals arise out of the same judgment and orders dated 31.10.2014 passed in Sessions Trial No. 485 of 2010 [State v/s. Suryabhan Jha and two others], they have been heard together and decided by a common order.
(2.) In the aforesaid appeals, appellants, namely, Badri Prasad Upadhyay, Hausila Prasad Upadhyay and Suryabhan Jha, have been convicted and sentenced as under:
(3.) In these appeals facts of the prosecution case may be summarized as under: "That on 03.12.2009 Ayodhya Prasad Upadhyay, resident of Village Shivpur, P.S. Chanda, District Sultanpur gave a written report at the police station stating therein that on 02.12.2009, his son Ganesh Upadhyay @ Bholu had gone to the house of Ramjeet Upadhyay to participate in the Bramhabhoj but he did not come back. He was searched for at nearby places but could not be found. Thereafter he gave applications to police authorities but no step was taken, then on 05.01.2009 he moved an application under Sec. 156(3) of the Code of Criminal Procedure before the concerned magistrate mentioning therein that his son Ganesh Upadhyay @ Bholu, student of class -6th aged about 12 years on 02.12.2009 was called by Suryabhan Jha through Rohit but he did not go. After sometime in the evening his son had gone to participate in the Bramhabhoj, there Suryabhan Jha at 6.00 PM had sent him to the shop of Sanjay Upadhyay to get his mobile recharged. After short span of time i.e. at about 7.00 PM he had gone to the house of Ramjeet Upadhyay for his son and asked Suryabhan about him but he told him that after giving him recharged mobile he had gone somewhere. On 03.12.2009 he was told by Shambhu that (yesterday) at 6.30 PM he had seen Suryabhan Jha with Ganesh Upadhyay @ Bholu going towards Sarpatahi. Police did not search for his son, on mobile he was several times threatened and asked to pay Rs. 2,00,000/ -. He was afraid of that his son had been kidnapped and murdered by Suryabhan Jha.";