JUDGMENT

Ashwani Kumar Singh, J. - The appellants, in these two appeals, have challenged the common judgment of conviction dated 13.12.2017 and the consequent order of sentence dated 14.12.2017 passed by the learned Presiding Officer, Fast Track Court No. I, Samastipur (for the sake of convenience hereinafter referred to as 'Trial Court') in Sessions Trial No.553 of 2017/467 of 2017 arising out of Patori P.S. Case No.94 of 2017.

2. By the aforestated judgment dated 13.12.2017, they have been found guilty of committing offences under Sections 364-A/34 and 120-B/34 of the Indian Penal Code (for short 'IPC'). Vide the consequent order dated 14.12.2017, they have been sentenced to undergo rigorous imprisonment for life on both counts under Sections 364-A/34 and 120-B/34 of the IPC and further each of them has been ordered to pay a fine of Rs. 10,000/- on both counts and in default of payment of fine, to further undergo rigorous imprisonment for one year.

3. The prosecution case is based on the written report of one Pappu Kumar Sah submitted to the Mohanpur out-post Incharge on 05.03.2017 with regard to an occurrence dated 04.03.2017.

4. In the written report, the informant has stated that his brother Tribhuwan Prasad was on his way to home after closing his hardware shop situated at Mohanpur Pathalghat Chowk. He did not reach his home in the night. A search for him was made by the family members, but they could not get any clue regarding his whereabouts. He further stated that his brother was having a dual SIM mobile phone bearingnos.9939290370 and 7250455768. He suspected that his brother has been kidnapped by some unknown persons.

5. On receipt of the aforesaid written report, the Incharge of Mohanpur out-post forwarded the same to the Station House Officer (for short 'SHO'), Patori Police Station for institution of the first information report (for short 'FIR') on 05.03.2017.

6. After receiving the written report from the police out-post Incharge, the SHO, Patori Police Station instituted Patori (Mohanpur) PS. Case No.94 of 2017 against unknown accused persons under Sections 364/34 of the IPC on 05.03.2017 at 2:30 p.m. and entrusted the investigation of the case to Jawahar Rai, a Sub Inspector of Police-cum-Incharge of Mohanpur out-post.

7. After completing the investigation of the case, the Investigating Officer submitted charge-sheet under Sections 364-Aand 120-B/34 of the IPC on 31.05.2017 vide charge-sheet No. 175 of 2017 against Anil Kumar Rai @ Birbal (appellant in Cr. Appeal (DB) No.82 of 2018) and Pinki Devi (appellant in Cr. Appeal (DB) No.84 of 2018) as well as Chandan Jha and Roshan Kumar and kept the investigation pending against other accused persons.

8. On receipt of the charge-sheet, the learned Chief Judicial Magistrate, Samastipur took cognizance of the offences against all the six charge-sheeted accused persons vide order dated 22.06.2017.

9. After taking cognizance of the offences and after complying with the mandatory requirements of Section 207 of the Code of Criminal Procedure (for short 'CrPC'), the learned Chief Judicial Magistrate, Samastipur committed the case of the four accused persons, who were in custody to the Court of Sessions for trial vide order dated 01.07.2017.

10. During trial, charges were framed against the appellants Pinki Devi and Anil Kumar Rai @ Birbal as well as two others, namely, Pintu Kumar Rai and Chandan Kumar Jha under Sections 364-A/34 and 120-B/34 of the IPC to which they pleaded not guilty and claimed to be tried.

11. In order to prove its case, the prosecution examined altogether nine witnesses. They are P.W.1 Manoj Sah, P.W.2 Akash Kumar, P.W.3 Pappu Kumar Sah, P.W.4 Dharamshila Devi (mother of the informant), P.W.5 Kiran Devi (wife of the victim Tribhuwan Prasad Sah @ Tuntun Sah), P.W.6 Jageshwar Rai (the Investigating Officer of the case), P.W.7 Tribhuwan Prasad Sah @ Tuntun Sah (victim), P.W.8 Pappu Kumar Rai andP.W.9Saroj Kumar Rai.

12. Apart from the ocular testimony of nine witne