ADITYA KUMAR TRIVEDI, J.:–Criminal Appeal (SJ) No. 503 of 2013 wherein Guddu Rai happens to be the appellant, Criminal Appeal (SJ) No. 549 of 2013 wherein Amitabh Rai @ Amitab Kumar @ Amitab Kumar Rai happens to be appellant, Criminal Appeal (SJ) No. 550 of 2013 wherein Aman Kumar Singh @ Abhay Kumar Singh happens to be the appellant, Criminal Appeal (SJ) No. 644 of 2013 wherein Satish Kumar Gupta, Raj Kumar Sah happens to be the appellants, commonly originate against the judgment of conviction dated 27.06.2013 and sentence dated 02.07.2013 passed by Sessions Judge, Saran at Chapra in Sessions Trial No.96 of 2011, on account thereof there have been analogous hearing and are being disposed of by a common judgments.

2. Appellants Aman Kumar Singh @ Abhay Kumar Singh, Guddu Rai, Satish Kumar Gupta, Amitabh Rai @ Amitab Kumar @ Amitab Kumar Rai, Raj Kumar Sah have been found guilty for an offence punishable under Section 395 of the IPC and each of them has been directed to undergo R.I. for 10 years as well as fined Rs.2000/- in default thereof to undergo S.I. for one year. Appellant Satish Kumar Gupta and Aman Kumar Singh @ Abhay Kumar Singh have further been found guilty for an offence punishable under Section 412 of the IPC and each of them has been directed to undergo R.I. for 5 years as well as also fined Rs.2000/- in default thereof to undergo S.I. for one year with a further direction to run the sentences concurrently.

3. Ajay Rai (PW-1) gave his fardbeyan on 13.09.2010 at about 07:30 P.M. at Doriganj Police Station disclosing therein that on 12.09.2010 at about 11:00 PM he along with Rahul Kumar proceeded with Tata ACE bearing Registration No.BR-2F 2605 to its destination Chapra, Siwan and Gopalganj. On 13.-09-2010 at about 01:00 A.M. while they reached near Balua, one motorcycle overtook and then halted in front of his vehicle over which he stopped his vehicle. As soon as he stopped his vehicle, one another motorcycle came from behind and parked by the side of gate of his vehicle and then thereafter began to abuse on the pretext why he had not given pass to them. Thereafter, they all forcibly taken him out as well as Rahul Kumar and began to assault and taken them to a maize field and further directed that in case they will come out there from, they will be murdered. Subsequently thereof, two persons, out of them, sat inside his vehicle and after reverting back the vehicle proceeded towards Patna followed by another two miscreants over motorcycle. He had seen all the four miscreants and as well as detailed their physical feature. He further apprehended presence of other miscreant who probably could not be seen on account of darkness. He further disclosed that out of fear they have not come out of maize field. At the early morning they came to Police Station. He had further disclosed that details of article will be furnished by the Manager.

4. It is evident that soon after registration of the case as Doriganj P.S. Case No.74/2010 police came into action, apprehended the accused, booties were recovered along with the vehicle recorded statement of witnesses and then thereafter, completing the other paraphernalia submitted charge sheet whereupon appellants were put on trial and ultimately met with conviction and sentence as stated above, the subject matter of instant appeal.

5. Defence of appellants as is evident from mode of cross-examination as well as statement recorded under Section 313 Cr.P.C. is of complete denial of occurrence as well as recovery and further pleaded it a case of plantation, for which also examined witnesses.

6. Many fold arguments has been raised on behalf of appellants while assailing, judgment of conviction and sentence rendered by the learned trial court. It has been submitted that police acted in more enthusiastic way during course of investigation brushing aside the legal norms requirement and on account thereof, the conviction and sentence would not sustain.

7. To buttress such event, it has