Pradeep Kumar, J. - (1.) HEARD the learned Counsel for the appellants and the learned Counsel for the state.
(2.) THE instant appeal is directed against the judgment of conviction dated 28.03.2000 and order of sentence dated 29.03.2000 respectively passed in S.T. No. 564 of 1995 by Shri Shital Prasad Thakur, Additional Sessions Judge, 2, Dhanbad, by which judgment he found the four appellants guilty under Sections 365 and 379 of the I.P.C. and sentenced him to undergo R.I for five years for an offense under Section 365 of the Indian Penal Code and R.I for one year for an offense under Section 379 of the Indian Penal Code and both the sentences have been ordered to run concurrently. It is submitted by learned Counsel for the appellants that in the course of trial, the informant was not examined, only, I.O. of the case, is examined to prove the fardbeyan, but there is no corroborating evidence to prove the fact that the informant (Braj Kishore Singh) was kidnapped by these four appellants. It is further submitted that appellants have been convicted on the basis of the statement of informant (Braj Kishore Singh) under Section 164 of the Cr.P.C., which is bad in law and fit to be set aside. Learned Counsel relied upon the judgment of : AIR 1960 Supreme Court 490 in the case of State of Delhi v. Shri Ram Lohia as also the judgment of : AIR 1972 Supreme Court 468 in the case of Ram Kishan Singh v. Harmit Kaur and Anr.
(3.) AFTER hearing the learned Counsel for the appellants and going through the records, it appears that the prosecution case was started on the basis of fardbeyan recorded by the officer -in -charge Nirsa Police Station by P.W.1, who is a police officer, that the informant who was found in the house of Manoranjan Kumar Sharma @ Manoj Singh at Maithan, where he was kept and confined in the bathroom and having tied his hands and legs and thrusting the cloth in his mouth. He has also stated that he was going to Dhanbad by trekker, then the trekker was overtaken by ambassador car from which four persons namely, Babloo Kumar Sharma @ Babloo Singh, Nandjee Gupta, Manoranjan Kumar Sharma @ Manoj Singh, Arbind Kumar Singh, get down and dragged him from the trekker and kidnapped him in the white ambassador car. Thereafter, they brought him to the Maithan in the quarter (Quarter No. M/H 142A) of Manoranjan Kumar Sharma @ Manoj Singh from where he was rescued. He also stated that the accused have also snatched his money and assaulted him and got a letter written by him to his father to send Rs. 50,000/ - for ransom, failing which he will be murdered by the accused.;