N.S.Gupta, J. - (1.) BHOLA, Surendra and Lallu, who were convicted by Sri Bhagwant Prasad, 1st Addl. Sessions Judge, Banda, vide judgment and order dated 14.10.1980 under Section 364,I.P.C. and were sentenced to undergo R.I. for a period of three months each, have come up in appeal before this Court.
(2.) THE prosecution claimed that the accused appellants Bhola and Surendra are real brothers. Appellant Lallu is their servant. THEy are all residents of village Fatehpurwa, District Banda. THE victim Chandra Pal and Babu Singh are real brothers. Jabbar Singh is their father. The prosecution claimed that on 18.2.1979, appellant Bhola duly armed with a revolver, Surendra duly armed with a S. B. B. L. gun and appellant Lallu duly armed with a S. B. B. L. gun alongwith four unknown persons were responsible for abduction of Chandra Pal, Babu Singh and Jabbar Singh from their tube-well situate in village Baheda, P. S. Kotwali, District Banda with an intention to murder them. The victim Jabbar Singh and Babu Singh were released after an hour or so of their kidnapping. Victim Chandra Pal was released after about 4 or 5 hours of his abduction.. The first information report Ex. Ka-1 was lodged by Chandan Singh, brother of the victims Chandra Pal and Babu Singh.
(3.) THE investigation of the case was conducted by S. I. Nankoo Singh P.W. 4. The stand of the accused appellants before the trial court was that they have been falsely implicated in the case for the reason that they were earlier involved in the murder of the nephew of Ram Gopal Master. The victim and the first informant were close friends of Master Ram Gopal. Accused Bhola was bailed out in the said murder case. The complainant and his family members falsely roped in the appellants in this case with an intention to get the bail of Bhola cancelled in the said case.;