- (1.) Heard the parties.
(2.) This criminal appeal has been directed against the Judgment of conviction and sentence dated 25.05.2005 and 26.05.2005 respectively passed by the Ist Additional Judicial Commissioner, Khunti (Ranchi) in connection with Sessions Trial No. 234/2004 whereby the appellants have been held guilty for the offence punishable under Sec. 364A and 120B of the Indian Penal Code and sentenced to undergo R.I. for life. No separate sentence has been awarded for the offence under Sec. 120 -B of the Indian Penal Code.
(3.) The prosecution case as it appears from fardbayan of informant Bharat Lal Sahu (father of the victim) recorded on 18.05.2003 at 11:00 hours at his residence situated within the Police Station - Tamar is that on 16.05.2003 at about 12:30 noon, Roushan Prakash Gupta @ Chhotu (son of the informant) aged about 10 years returned home after attending tuition and again he left home in order to play but did not return home. The informant made search of his son but could not succeed to know his whereabouts. On 18.05.2003, at about 10:30 a.m., the informant received a call from unknown who demanded Rs. 10 Lacs, against release of his son. Thereafter, the informant could understand that his son has been kidnapped for ransom and reported the matter to the police. On the basis of statement of Bharat Lal Sahu, Tamar (Khunti) P.S. Case No. 42 of 2003 dated 18.05.2003 under Sec. 364A and 120 -B of the Indian Penal Code against unknown miscreants was registered.;