JUDGEMENT
P.K.MOHANTY,J. -
(1.) The present appeal is directed against the judgment of conviction dated 02.06.2005 and order of sentence dated 06.06.2005 passed by the learned 3rd Additional District and Sessions Judge, (F.T.C.), Dumka, in Sessions Case No. 347 of 2004/15 of 2005, arising out of Dumka (T) P.S. Case No. 153 of 2004, corresponding to G.R. No. 998 of 2004, whereby and where-under the learned 3rd Additional District and Sessions Judge, Fast Tract Court, Dumka, has convicted the appellant under section 364-A of the Indian Penal Code and sentenced him to undergo imprisonment for life and fine of Rs. 5000/- and in default of payment of fine he shall further undergo R.I. for two years.
(2.) The case of the prosecution, on the basis of the fardbeyan of Sanjay Kumar (P.W.1) is that on 29.09.2004 he had given information about the missing of his son Ankit Kumar. During the course of search he came to know that one unknown cyclist had taken Ankit Kumar for ransom. On the basis of the information an F.I.R. being Dumka (T) P.S. Case No. 153 of 2004 was registered under section 364(A) of the Indian Penal Code. In the course of investigation, the informant received demand of ransom, which was also reported to the police and then the police tracked the call and came to know that the call was from Kolkata. Thereafter, Dumka Police contacted the Kolkata Police and then Binay Kumar Sinha was arrested with Ankit from Hawrah. The police, after investigation, submitted charge sheet under section 364-A of the Indian Penal Code. Accordingly, cognizance was taken against the appellant and the case was committed to the Court of Sessions which was registered as S.C. No. 347 of 2004.
(3.) Charges were framed against the appellant on 17.01.2005 under section 364-A of the Indian Penal Code, to which the accused did not plead guilty and claimed to be tried.;
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