- (1.) These four criminal appeals, arising out of same Dhanwar P.S. Case No. 17/05 but from different judgments/orders passed in S.T. Nos. 87/2006 and 206/2005, were heard together and are being disposed of by the common judgment.
(2.) The appellants namely, Sunil Kumar Yadav, Laxman Yadav and Rajesh Yadav @ Mahto were put on trial in S.T. No. 206/2005 and were found guilty for kidnapping one Vickky Kumar, aged about 10 years, for ransom in furtherance of conspiracy hatched by them. Accordingly, they were convicted for the offences punishable under Ss. 364A and 120B of the Indian Penal Code vide judgment dated 24.5.2007 and were sentenced to undergo rigorous imprisonment for life for the offence punishable under Sec. 364A of the Indian Penal Code and further they were sentenced to undergo rigorous imprisonment for ten years for the offence punishable under Sec. 120B of the Indian Penal Code vide order dated 30.5.2007 and to pay a fine of Rs. 5,000/ - each with default clause. Both the sentences were ordered to run concurrently. On the other hand, the appellant -Surendra Mahto @ Pahalwan was put on trial in S.T. No. 87/2006 and was found guilty for kidnapping the same victim boy for ransom and accordingly, he was convicted for the offence punishable under Ss. 364A and 120B of the Indian Penal Code vide judgment dated 24.5.2007 and was sentenced to undergo rigorous imprisonment for life for the offence punishable under Sec. 364A of the Indian Penal Code and further he was sentenced to undergo rigorous imprisonment for ten years for the offence punishable under Sec. 120B of the Indian Penal Code vide order dated 30.5.2007 and to pay a fine of Rs. 5,000/ - with default clause. Both the sentences were ordered to run concurrently.
(3.) The case of the prosecution is that one Vickky Kumar, aged about ten years (examined as P.W. 4 and P.W. 15 respectively in S.T. Nos. 87/06 and 206/2005) was studying in St. Albert Residential School, Dhanwar, which was being run by Shyam Prasad Saha -Principal (examined as P.W. 3 and P.W. 14 respectively in S.T. Nos. 87/06 and 206/2005). On 10.2.2005 at about 6pm while the victim boy was playing in the field along with other children, two unknown persons came there, one of them was being addressed by the victim as 'uncle', and took him away on the motorcycle. Thereupon, the Principal -Shyam Kumar Saha (informant) submitted a written report before the Dhanwar Police Station upon which a case was registered under Ss. 363/364A/34 of the Indian Penal Code against unknown. Said information when was given to Suresh Mandal -father of the victim (examined as P.W. 1 and P.W. 12 respectively in S.T. Nos. 87/06 and 206/2005), he came from Delhi and started searching his son along with the villagers including Kuldeep Pd. Yadav (examined as P.W. 2 and P.W. 13 respectively in S.T. Nos. 87/06 and 206/2005), Munna Mandal (examined as P.W. 8 and P.W. 3 respectively in S.T. Nos. 87/06 and 206/2005), Basudev Mandal (examined as P.W. 7 and P.W. 8 respectively in S.T. Nos. 87/06 and 206/2005). In course of search, they visited the house of the appellants -Surendra Mahto @ Pahalwan, Sunil Kumar Yadav, Laxman Yadav and Rajesh Yadav @ Mahto, as they suspected their hands in the said offence. They could meet the appellants -Sunil Kumar Yadav and Laxman Yadav only. There appellant -Sunil Kumar Yadav confessed that he along with appellants -Laxman Yadav and Rajesh Yadav @ Mahto had kidnapped the boy and brought him to Dhanwar from where appellant -Rajesh Yadav @ Mahto took away the victim boy along with unknown persons on his motorcycle. When they mounted pressure upon the appellant -Laxman Yadav to recover the boy, he promised them that he will get the boy recovered within 24 hours. Instead of doing that, appellant -Laxman Yadav absconded. Thereupon appellant -Sunil Kumar Yadav disclosed that the boy is in custody of accused -Arvind Rout and Ram Kumar Rout but the boy could not be recovered. On 19.2.2005, appellant -Sunil Kumar Yadav made a written confession (Ext.1) before the villagers disclosing therein the names of the persons who were involved in commission of the offence. However, on 20.2.2005 the victim boy was recovered.;