D.P.SINGH, J. - (1.) SINCE all the appeals, arise out of common judgment, are heard together and are being disposed of by this common judgment.
(2.) ALL these appeals are directed against the judgment of conviction and order of sentence dated 3.9.2002 and 4.9.2002 passed by Additional District and Sessions Judge, III, Dhanbad in Sessions Trial No. 339/1986, whereby and whereunder the learned Sessions Judge held all the appellants guilty under Sections 365 and 387 IPC and sentenced them to undergo Rl for five years under each sections. However, sentences were directed to run concurrently. The brief facts leading to these appeal are that on 29.1.86 two boys, namely, Saurabh Prasun Mitra and Sagar Guha came out of their school to board their school bus for their home at about 1.40 PM from Dinobali School, Dhanbad. However, when they could not reach their home situated in Barari plant till 4 PM then the informant RP. Mitra was informed by his brother S.P Mitra that the boys have not arrived at their homes. The informant alongwith father of Sagar Guha started searching their boys. Both of them came to Dhanbad police station and gave a written report regarding missing of their sons. As further stated they returned to Barari plant and started searching their sons when they came to know from a student Ratnesh that when the boys came out of their school, appellant Manoj Kumar Sinha met them and told that their father was waiting for them outside. Further stated the said Ratnesh saw both the boys going with appellant Manoj Kumar Sinha boarding a tempo. Then the informant started searching Manoj Kumar Sinha, who was found after some time near a betel shop and on enquiry he disclosed that other appellants Shankar Mallah, Yakub Ansari and Basir Ansari have kidnapped those boys for ransom and keeping them in Karmatanr hillock. Further stated that appellant Manoj disclosed to them that they have given a letter demanding Rs.1 lac as ransom from the informant and Kalyan Guha and threatened that if money was not paid the boys may be killed. The informant immediately reported the matter to Kenduadih police at 9.30 PM,The police recorded the statement of P.P. Mitra and registered a case against all four named accused persons under Sections 364, 365, 385, 387, 120B/ 34 IPC. The police started investigation, arrested the accused persons and recovered the boys. Finally chargesheet was submitted and appellants were put on trial for the charges mentioned above, to which they pleaded not guilty and claimed false prosecution. The learned trial court, after examining witnesses found and held the appellants guilty and sentenced them as mentioned aforesaid.
(3.) THE present appeal has been preferred mainly on the ground that the learned trial court has convicted the appellants on conjecture and surmises. According to the learned counsel for the appellants, the learned court below has failed to consider that there was no eye witness of the occurrence and the person, who saw the appellants carrying boys, was not examined. It was further asserted that the 10 of the case has not been examined neither one of the victims Sagar Guha. It has further been pointed out that the first information, as per informant, reported to Dhanbad police in the evening, has not been brought on record. The counsel for the appellants further pointed out that even the letter of demand has not been produced and on mere disclosure of appellant Manoj Kumar Sinha, remaining appellants were tried and convicted, which is not valid in the eye of law. Therefore the appellants deserve to be acquitted of the charges.;