Tapash Mookherjee, J. - (1.) The present appeal is directed against the judgement of conviction and order of sentence dated 29-01-2009 passed by the learned Additional Sessions Judge, Fast Track 2nd Court, Malda, in Sessions Trial No. 3 of 2005 (S.C. No. 55 of 2004). By the said judgement and order, the learned Trial Court found all the appellants guilty of the offence punishable under Sections 365/34 of I.P.C and sentenced the appellants to suffer rigorous imprisonment for seven years with fine of Rs. 2000/- each i.d. to suffer further imprisonment for 15 days.
(2.) The facts leading to the appeal, in short, are as follows : On 19th June, 2015, one Nazir Hossain and his minor son of village: Khusrekha under P.S. Ratua, District: Malda, went to a ‘hat’ at Samsi to sell their cattle. At about 4-00 p.m., Nazir Hossain asked his son to return home and he himself returned home in the night and after returning home, he did not find his son in the home. There was a search for the son in the village but of no result and during such search, some of the villagers informed Nazir Hossain that they had seen his son, Mithu moving with the appellants in that very afternoon. Before the aforesaid incident, enmity was going on between one of the appellants and the family of Nazir Hossain in connection with Nazir Hossain’s brother, Abdul Jalil, removing the appellant, Chand @ Chand Md, from the service as a driver under the said Abdul Jalil and at that point of time, the appellant, Chand Md, openly threatened to cause serious damage to any of the family members of the said Abdul Jalil and for such reasons, Abdul Jalil and his near relations including his nephew, Nazir Hossain, suspected that the appellant, Chand Md, with the appellants kidnapped the minor son of Nazir Hossain for some illegal purposes. Nazir Hossian’s son Mithu thus found missing on 13-07-2000 could not be traced out and hence, Nazir Hossain’s cousin brother, Samsul Haque, submitted a written complaint on 20-07-2000 narrating all the aforesaid facts, on the basis of which, Ratua P.S. Case No. 85 of 2000 dated 20-07-2000 was started under Sections 363/365 of I.P.C. against three appellants, namely, Chand @ Chand Md, Ajad Ali and Abdul Nausad and after completion of investigation, charge-sheet under Sections 364/34 of I.P.C. was submitted against the three appellants named above.
(3.) After submission of the charge-sheet, the case was committed to the Court of the learned Sessions Judge, Malda, from where the case was transferred to the Court of the learned Additional District & Sessions Judge, Fast Track 2nd Court, Malda, for trial.;