PRADEEP KUMAR, J. - (1.) HEARD learned Counsel for the appellants and learned Counsel for the State.
(2.) THIS appeal is directed against the judgment of conviction dated 24 -.05.2002 and order of sentence dated 28.05.2002 passed by Prabhu Nath Lal, 1st Additional Sessions Judge, Seraikella in Sessions Trial No. 198 of 2001 by which judgment learned Additional Sessions Judge found the appellant Gangadhar Mahato @ Langra Mahato guilty under Section 364 of the Indian Penal Code and sentenced the appellant to undergo R.I. for ten years and to pay a fine of Rs. 10,000/ -. It is important to note that on the basis of F.I.R. given to the police station on 18.10.2000 by the son of deceased informant Subhash Mahato that on 02.10.2000 the accused Gangahar Mahato came to his house and asked his father Soren Mahato to accompany him the village Kuchai for some work and under the conversation he left the home. On the next day he did not returned then he started searching him and went to the accused Langra Mahato who had taken him but he stated that he had got some important work and he will return in 5 -6 days but he did not returned even after 5 -6 days then he again searched but failed and hence he lodged the information that they have got suspicion that Gangahar Mahato had taken his father and abducted him for some illegal purpose
(3.) ON the basis of said F.I.R. police registered a case under Section 364 of the Indian Penal Code and subsequently during investigation added Sections 302/201/34 of the Indian Penal Code and after investigation submitted charge sheet against the appellant as also against accused Langra Munda and Khela Ram Mahato under Sections 364/302/34 & 201 of the Indian Penal Code.;