- (1.) AS all the above appeals arise out of the same judgment, hence, these are being decided by a single judgment. These appeals have been filed against the judgment and order of conviction and sentence dated 27.9.06 recorded by the Additional Sessions Judge, Court No.16, Deoria in S.T. No.203/97 whereby the appellants were found guilty for the offence punishable under Section 364A, IPC and were sentenced to life imprisonment with a fine of Rs.10,000/- and in default to pay the fine, further R.I. for one year.
(2.) THE complainant of this case is Awadhesh Kumar Mishra s/o Ram Naresh Mishra, r/o Nai Colony, Deoria. He lodged an FIR at Kotwali Sadar, Deoria on 23.3.94 alleging therein that his son Abhishek @ Raja was kidnapped by two persons when he was going to his school on a rickshaw. This happened at 8.00 a.m. on 23.3.94. The investigation of the case started and during the investigation two letters were given by the complainant to the police. One is said to have been written by the accused demanding ransom for the release of the boy and the second was written by the kidnapped boy to his father to bring him back as he was present in a village.
(3.) THE Investigating Officer during the investigation recorded the statements of the witnesses, prepared the site plan of the place of the alleged kidnapping and after concluding the investigation submitted the charge sheet.;