Chandra Shekhar Jha, J. – Heard Mr. Yogesh Chandra Verma, learned senior counsel for appellant and Mr. Sujit Kumar Singh, learned Additional Public Prosecutor for the State.

2. The present appeal has been filed by the appellant-convict under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) challenging the impugned judgment of conviction and order of sentence dated 14.06.2019 passed by learned Fast Track Court-II, Civil Court, Lakhisarai in Sessions Trial No. 494B/2011 arising out of Lakhisarai P.S. Case No. 565/2009 dated 09.11.2009 instituted under Sections 364(A)/34 of the Indian Penal Code (in short the “I.P.C.”), whereby the concerned Trial Court has convicted the present appellant for the offences punishable under Section 364 of the I.P.C. and directed to undergo rigorous imprisonment for life and a fine of Rs. 10,000/- and in case of failure to deposit the fine, he shall to undergo S.I. of one month, the appellant is further convicted under Section 363 of the I.P.C. and sentenced to undergo R.I. for five years and to pay a fine of Rs. 5000/- and in default of payment of fine, he shall undergo S.I. for 15 days, thereafter, the appellant has been further convicted under Section 365 of the I.P.C. and sentenced to undergo R.I. for five years and to pay a fine of Rs. 5000/-, in default of payment of fine, he shall undergo S.I. for 15 days. All the sentences have been ordered to run concurrently.

3. The brief case of the prosecution, as speaks through written information of the informant namely, Manohar Sao, PW-8, which was given to Superintendent of Police, Lakhisarai on 08.11.2009, stating therein that his son namely, Sonu Kumar aged about nine (9) years was kidnapped on 04.11.2009 at about 9:00 p.m. from village – Lakhochak, Post – Bichhwai, P.S. - Itaun, District – Lakhisarai. Narration also speaks about description of his kidnapped son regarding his body complexion and mark of identification having a scar mark on right chick below eye, he was in black full-pant and white half shirt. It also appears from written information that he received a ransom call of Rs. 5,00,000/-(Five Lakhs) on 07.11.2009 from Mobile No. 9504963018, which was recorded by him. It is also stated thereof that he has strong suspicion that his son namely, Sonu Kumar might be kidnapped and murdered by one Harikishan Yadav, Shashi Bhushan Yadav, Laxmi Yadav and Santosh Yadav, all sons of Late Vijay Yadav @ Jhuna Yadav as there is land dispute with them, who had threatened him in past to face the dire consequences.

4. On the basis of the aforesaid written information, Lakhisarai (Chanan) P.S. Case No. 565 of 2009 dated 09.11.2009 was registered for the offence under Sections 363-A/34 of the I.P.C., where police, after investigation on the basis of the materials collected during investigation, submitted charge-sheet against the named accused persons and also against the accused-appellant. The learned Jurisdictional Magistrate, after making compliance of Section 207 of the Cr.P.C., took cognizance for the offence under Section 363, 364 and 365 of the I.P.C. against the accused persons including the accused-appellant and committed case to the court of session under Section 209 of the Cr.P.C. for trial and disposal.

5. The learned trial court after receiving the record upon commitment, registered this case for trial as Session Trial No. 494/2011 and on the basis of the materials collected during course of investigation and as available on record framed charge against all eight accused persons including accused-appellant for the offences under Sections 363, 364 and 365 of the I.P.C. which they denied and plead not guilty. Consequent upon as accused-appellant claimed trial, it was commenced.

6. At this juncture, it would be appropriate to mention that original session trial no. 494/2011, as above, out of eight accused, one Dinesh Kumar Yadav was found juvenile and his case was separated accordingly. The accused Uday Yada