(Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH)

The present appeal by the five appellants has been filed against the judgment of conviction and order of sentence dated 18.12.1991 passed by the 2nd Additional Sessions Judge II, Patna in Sessions Trial No. 950 of 1989 by which the appellants have been convicted for an offence punishable under Sections 364, 302, 201 all with the aid of Section 34 of the Indian Penal Code and sentenced to imprisonment for life and other varying terms to run concurrently.

2. The prosecution case is that the appellants kidnapped Santosh Kumar @ Guddu, nine years old son of the informant Acchay Mani Prasad (PW 1) and sent a ransom note thereafter, killed the child and threw him in the agriculture field where the body was recovered after about six days and identified as that of Guddu.

3. Learned counsel for the appellants submits that there is no evidence whatsoever to convict the appellants.

4. We cannot, but agree.

5. In order to establish the charge, the prosecution has examined as many as 15 witnesses. It starts with the informant PW 1, Acchay Mani Prasad, the father of the victim boy. He gave his written fard-beyan to Ram Padarat Singh (P