1. The five appellants were charged with kidnapping and under a separate charge, with abduction, both under S. 366, Indian Penal Code, and were found guilty of both the charges, the three male appellants have been awarded a sentence of five years rigorous imprisonment each and the two female appellants, one years rigorous imprisonment each for kidnapping and no separate sentence has been passed for the offence of abduction.

2. Appellant Satyadeo Dubey and Kapildeo Dubey are uterine brothers and Mt. Bhagia is their mother. Appellant Chandradeo Dubey is the husband of appellant Mt. Surji and these two appellants live in a separate house from the other appellants, although, Chandradeo Dubey is an uncle of Satyadeo and Kapildeo. They are all residents of mauza Chochahi Tole Batrolia within Paroo Police Station of the district of Muzaffarpur. The girl, said to have been kidnapped is Sumitra Devi (P. W. 14) and is said to have been minor on the date of alleged kidnapping on the 19th August, 1962, from a house situate in the same village where the appellants come from. Her father is Jagdhari Dubey (P. W. 13) and her mother is Champa Devi (P. W. 8) and her uncle is Rajdhari (P. W.