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1996 Supreme(Pat) 211

P.K.DEB, SURINDER SARUP
Rajiv Kumar Alias Lala – Appellant
Versus
State Of Bihar – Respondent


Judgment

P.K.Deb, J.

1. All these criminal appeals have arisen out of the judgment and order dated 6.10.1994 and 7.10.1994 passed by Shri S.N. Choudhary, VII Additional Judicial Commissioner, Ranchi, in S.T. No. 262 of 1993 convicting the accused-appellants under Secs. 364/34, 302/34 of the I.P.C. and also under Secs. 201/34 I.P.C. along with Sec. 120 B of the I.P.C. They were sentenced to rigorous imprisonment for life and also to undergo R.I. for seven years under Section 201/34 I.P.C and sentences were ordered it run concurrently.

2. Prosecution case in brief is that the accused-appellant five in number alongwith one Kamlesh Kumar, who was also tried alongwith these accused persons jointly and acquitted afterwards made a conspiracy for kidnapping the child of a moneyed person for getting ransom from the parents and in that process out some mistake, one boy of 6/1/2 years old Guddu residing with his parents at Harihar Singh Road, Ps-Bariatu was kidnapped by the accused persons alongwith Kamlesh Kumar and when the error could be detected, the boy was killed by strangulating him through neck and then the deed body was thrown into a well in a deserted place called Chachani Bagan alia



































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