Ananda Sen, J. - (1.) This criminal appeal is directed against the Judgment of conviction dated 26th August, 2016 and Order of sentence dated 29th August, 2016 passed by learned District & 3rd Additional Session Judge, Latehar in Session Trial No. 146 of 2011, whereby the appellant was found guilty and was convicted for the offence punishable under Sections 364, 120B, 302, 201 of the Indian Penal Code; and the appellant was sentenced to undergo imprisonment for life with a fine of Rs.10,000/- each for the offence under Section 364 of the Indian Penal Code, life imprisonment with a fine of Rs.10,000/- for the offence under Section 120B/302 of the Indian Penal Code; and three years simple imprisonment with fine of Rs.5,000/- for the offence under Section 201 of the Indian Penal Code and in default of payment of fine, the appellant has been ordered to undergo one year simple imprisonment for each of the Section 364, 120B/302 Indian Penal Code and simple imprisonment for six months for the offence under Section 201 of the Indian Penal Code. Further all the sentences were ordered to run concurrently. As per the judgment, out of the fine amount of Rs.25,000/-, Rs.10,000/- each was to be paid to the dependents of deceased persons by way of compensation.
(2.) The prosecution case is based on the written report of Rohit Singh (P.W.2), an Engineer working in Abhijeet Group. It is alleged that on 17.03.2011 at about 19.45 p.m., engineer Jitendra Singh and fabricator Mukesh Yadav, after completing their work at Abhijeet Group Power Plant, Chakla, departed for Chandwa on motorcycle. When they did not return till 11 p.m., informant alongwith other persons of the company started searching for them. In the meantime, on 18.05.2011 at 01.20 a.m. a phone call from mobile No.8757777160 was made by Jitendra on mobile No.935026556 and 896965576 saying that he and Mukesh Yadav are being beaten by the criminals and ransom amount of Rupees One Crore is being demanded, which should be arranged by the informant. The informant believed that said persons were kidnapped for ransom.
(3.) On the basis of the aforesaid fardbeyan, Chandwa Police Station Case No.22 of 2011 was registered for an offence punishable under Section 364(A)/34 of the Indian Penal Code against unknown. After investigation, police submitted chargesheet against the appellant Raj Kumar Yadav @ Manjeet Jee and investigation was kept pending against rest three accused persons, namely, Dayal Yadav, Kamlesh Yadav and Manoj Yadav. The case was committed to the Court of Session. Charges against the appellant was framed, on 24.01.2012, for the offence punishable under Sections 364A, 302, 201, 120B of the Indian Penal Code and Section 27 of the Arms Act. Charges were read over and explained to the appellant, which he denied and claimed to be tried.;