- (1.) BOTH the criminal appeals, arising out of the same case, were heard together and are being disposed of by the common judgment.
(2.) THESE two appeals are directed against the judgment of conviction dated 6.7.2005 and order of sentence dated 12.7.2005 passed by the then Additional District and Sessions Judge, F.T.C. -6, Giridih in S.T. No. 24 of 2004, whereby the appellants namely, Munshi Tudu, Prakash Rai, Ram Chandra Rai and Dilip Rai, on being convicted for the offences punishable under Sections 395, 364A, 120B and 412 of the Indian Penal Code, were sentenced to undergo imprisonment for life for the offence under Section 364A of the Indian Penal Code and also to pay a fine of Rs. 1000/ - with default clause and further to undergo rigorous imprisonment for a period of ten years for the offence under Section 395 of the Indian Penal Code and to pay a fine of Rs. 500/ - with default clause. So far appellant -Indradeo Vishwakarma is concerned, he was also convicted for the said offences, except the offence under Section 412 of the Indian Penal Code and the quantum of sentence of the said offence is the same, which has been passed against the aforesaid appellants. The case of the prosecution is that Ashok Yadav -P.W.4 had come to Koderma along with Om Prakash Baid -P.W.3 to attend the marriage ceremony of his relative. After attending marriage, they were returning to Giridih on 4.6.2003 on a Sumo vehicle being driven by Amjad Khan -P.W.5. At about 11:30 pm, when they reached near Ghundri culvert at Village Ghorthambha, they found the road being blocked by the trunk of a tree. As soon as the vehicle got stopped, the miscreants came there and took control of the vehicle. They made the driver to take the vehicle towards the forest. In the forest, they got the vehicle stopped and asked from the informant -Ashok Yadav -P.W.4 and also from Om Prakash Baid -P.W.3 as to who they are. Upon it, Ashok Yadav -P.W.4 told them that he is an agent of the bus whereas Om Prakash Baid -P.W.3 told them that he works as a Manager in the mine but by that time, the miscreants came to know from the driver that neither they are the Agent nor the Manager, rather Om Prakash Baid happens to be the owner of the Shyam Rath Travel. Thereupon, the miscreants started, abusing and assaulting both of them and then they took them to a forest after making them blindfolded. They made them to sit over a hillock and asked for Rs. 20 lakhs. After keeping them an hour at that place, they let off Ashok Yadav -P.W.4 and also the driver -Amjad Khan -P.W.5. Thereupon, the informant -P.W.4 (Ashok Yadav) and Amjad Khan -P.W.5, came to Giridih where Ashok Yadav -P.W.4 on 5.6.2003 at about 3 pm gave his fardbeyan (Ext 1), which was recorded by one Naresh Pal Sinha -the then Officer In -charge of Dhanbad Police Station upon which a formal FIR was registered.
(3.) SAID Naresh Pal Sinha -P.W. 7 took up the investigation during which, he arrested the appellants -Prakash Rai, Dilip Rai and Indradeo Vishwakarma on 8.7.2003 whereas the appellants - Ram Chandra Rai and Munshi Tudu were arrested on 15.7.2003 who were put on test identification parade on 29.9.2003 during which course, Om Prakash Baid -P.W.3 identified all the appellants. Subsequently, appellant -Indradeo Vishwakarma was also identified in the test identification parade by Ashok Yadav -P.W.4. The Investigating Officer also recovered the looted articles such as Mobile (Ext.A), Camera (Ext.B), Goggles (Ext.C) and Wrist Watch (Ext.D) from the possession of the appellants -Ram Chandra Rai, Munshi Tudu, Prakash Rai and Dilip Rai, respectively and seized it under Seizure Lists (Exts. 8, 5, 4 and 7).;