The main legal point established in the judgment is that the prosecution must prove the guilt of the accused beyond all reasonable doubt, considering factors such as delay in lodging the first information report, absence of eyewitnesses, and the involvement of the accused in the crime.

1. All these appeals arise out of the same judgment and order and as such, they have been heard together and are being disposed of by this common judgment.

2. Nand Lai Prasad (appellant in Cr. Appeal No. 246 of 2002), Harendra Mahto (appellant in Cr. Appeal No. 274 of 2002) and Lal Bihari Prasad (appellant in Cr. Appeal No. 296 of 2002), aggrieved by the judgment dated 24.04.2002 and order dated 26.04.2002 passed by the 3rd Additional Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 152 of 1995 holding them guilty u/s. 364A of the Indian Penal Code and inflicting the punishment of imprisonment for life and to pay a fine of Rs. 5,000.00 each, and in default to undergo rigorous imprisonment for a period of two years, have preferred these appeals.

3. Prosecution started on the basis of a fardbeyan given by P. W. 4 Vishwanath Sah before the Sub-Inspector of Police of Bhairavganj Police Station on 21.01.1995 at 11 a.m. at Kanchhedwa Chowk within Harsidhi Police Station. According to the informant, his nephew Manoj Kumar aged 16 years and Binod Kumar aged 11 years were studying in Alok Bharti School at Bettiah and used to stay as tenant in the house of appellant Nand Lal Prasad at Ganj No. 2 within Bettiah Town Police Station in the district of West Champaran. In the said house, appellant Lal Bihari Prasad, a jeep driver, was also a tenant and living with his wife. His nephew Binod Kumar suddenly disappeared from the said house on 19.08.1994 at 6.45 p.m. about which, his brother Rama Narayan Prasad gave information to the Police on 23.08.1994, which resulted into a Station Diary Entry. The informant and his family members were making efforts to trace the victim Binod Kumar and in this process, it came to their notice that from the day victim Binod Kumar was missing, another tenant of appellant Nand Lal Prasad, namely, appellant Lal Bihari Prasad was also missing along with his wife.

4. According to the informant, on 4.09.1994, a letter was picked up by his another nephew, namely Manoj Kumar (PW 4) from the verandah of the house of Nand Lal Prasad, appellant herein. Letter demanded ransom of Rs. 1 lakh to be delivered on 7.09.1994 at 6.30 p.m. at a bridge, half a kilo meter south to Jagdishpur Chowk. In the said letter, it was indicated that after the payment of the aforesaid amount, the victim boy Binod Kumar shall reach by 10 p.m. On receipt of the aforesaid letter, the informant, along with his family members, went to the place indicated in the letter with money, but nobody turned up to receive the same. Again on 8.09.1994, another letter was found at the verandah of Nand Lal Prasad, which demanded ransom of Rs. 1 lakh to be delivered on 11.09.1994 in between 6.30 to 7 p.m. at a bridge on Harsidhi road. In the First Information Report, it was further indicated that on 8.09.1994, appellant Lal Bihari Prasad was seen in the vicinity. On receipt of the aforesaid ransom letter, according to the informant, the uncles (mamas) of his nephew, namely, Singhasan Prasad and Brij Lal Prasad went to the place indicated on 11.09.1994, but as the news had spread, nobody turned up on the said date also. According to the informant, third letter was found on the verandah of the appellant Nand Lal Prasad on 13.09.1994, which demanded a ransom money to be delivered on 14.09.1994 at 6 p.m. at Majhoulia Kanta, 1 km. south of Jagdishpur Chowk. The letter further indicated that after the payment is made, the victim boy shall be released within an hour. On receipt of the aforesaid ransom letter, uncles (Mousas) of the victim boy, namely, Kailash Prasad and Jamuna Prasad went to the place indicated in the ransom letter on 14.09.1994 and although on the said date, one person was moving on a by-cycle, but on inquiry, did not respond and as such, the ransom money could not be delivered. Again in the morning of 16.09.1994, another letter was found in the verandah of Nand Lal Prasad demanding ransom of Rs. 1 lakh to be delivered in an orcha