- (1.) THESE two appellants were put on trial on the accusation of kidnapping of one Bhudeo Mondal for the purpose of ransom and then killing him. The Court having found the appellants guilty for the offence punishable under section 364A and convicted the appellants under section 364A vide judgment dated 4.12.2004. So far as the offence under section 302 of IPC is concerned, the Court neither did record the appellants being convicted nor did record for acquittal of the appellants for the said offence. However, the Court vide its order dated 6.12.2004 sentenced the appellants to undergo imprisonment for life under section 364A of the Indian Penal Code.
(2.) THE case of the prosecution is that in the morning of 22.7.2001 Rajan Mondal, Ganga Sagar Mondal, Shibu @ Subash Mondal (appellant) and Kishan Mondal (appellant) came to the house of the informant Bhukari Devi -P.W.2 and took Bhudeo Mondal, the son of the informant, along with them. When Bhudeo Mondal did not return home, suspicion was raised that the accused persons must have confined him some where so that informant may give them Rs. 20,000/ - as one Rajan Mondal (accused) a month's before had asked the informant to pay a sum of Rs. 20000/ -. The informant, in the meantime, informed to Gopi Mondal -P.W.1 and also Prakash Mondal -P.W.3 as well as Jainarayan Mondal -P.W.4 about the missing of her son. On the next day when the informant came to know that two of the accused persons namely, Jagdish Mondal and Vinod Mondal had returned home, the informant and other witnesses came to the house of Jagdish Mondal and Vinod Mondal but did not find them in the house. Thereupon, the informant by way of written report (Ext.1) gave information to that effect to Jamtara Police Station.
(3.) UPON which, a case was registered. Subsequent to that a police personnel came to the house of the informant and informed that one person who has been identified as Bhudeo Mondal has been found dead at Gorakhpur Railway station. On getting such information Gopi Mondal -P.W.1, Jainarayan Mondal -P.W.4, Ramkishan Mondal -P.W.5 and one Raju Mondal went to Gorakhpur Railway Station along with one constable of Jamtara Police Station. There they did find the dead body of Bhudeo Mondal. There they could know that on 27.7.2001 one boy after getting down from the train came running and fell near the tea stall of one Samay Prasad -P.W.15 from whose mouth froth was seen coming out. Immediately, information was given to the station master Yantri Prasad -P.W.13, who immediately informed to one Dr. Devendra Kumar Singh -P.W.12 who on examining him at 5.20 a.m. on 27.07.2001 found him dead and as such declared him dead. From the identity card the dead body was identified as that of Bhudeo Mondal. Such information was given to Jamtara Police. Meanwhile, Ramniwas Yadav -P.W.16 - head constable of GRP held inquest on the dead body and sent it for postmortem examination before Dr. H.R. Yadav, C.M.O. -P.W.18 Sadar Hospital, Gorakhpur, who on holding autopsy did not find any external injury on the persons of the deceased. However, he sent the viscera for its examination before F.S.L., Ranchi. The viscera was examined by Gopal Jee Jha -P.W.11. Upon examining, it was found that the viscera was containing pesticides and accordingly, he issued the viscera report (Ext.7). All these documents i.e. inquest report, postmortem examination report and viscera report were submitted to the I.O. -Ram Shanker Singh -P.W.9, who in the meantime recorded the statements of the witnesses.;