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ASHUTOSH KUMAR, JITENDRA KUMAR
Parmeshwar Dhangar – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J.—Both the appeals have been heard together and are being disposed of by this common judgment.
2. We have heard Mr. Ganesh Prasad Yadav and Mr. Harsh Singh, the learned Advocates for the two appellants.
3. Both the appellants have been convicted under Section 364(A)/34 of the Indian Penal Code vide judgment dated 27.09.2018 passed by the Fast Track Court No.1, Samastipur in Sessions Trial No 466 of 2017/ 45/2018 arising out of Mohiuddinnagar P.S. Case No. 12 of 2017. By order dated 28.09.2018, they have been sentenced to undergo imprisonment for life along with a fine of Rs.10,000/- and in default of payment of such fine, to suffer further rigorous imprisonment for one year for the offence under Section 364(A)/34 of the Indian Penal Code.
4. Naresh Kumar Choudhary (PW-1) was abducted for a while on 24.01.2017. He was recovered at the instance of police on the same day by around 6:00 P.M. The appellants were arrested o the spot.
5. There were two others also who were named in the F.I.R. but they have been acquitted for paucity of evidence. We have no idea about two others suspects viz., Raja Kumar and Hareram Chaudhary. The learned Advocates appearing for the appellants
The prosecution must prove the essential elements of the offence beyond reasonable doubt.
The court emphasized that lack of essential documentation and procedural compliance invalidates the prosecution's case, leading to the acquittal of the accused who were convicted of kidnapping for ra....
The main legal point established is the reliance on the victim's testimony, supported by corroborative evidence, to establish the guilt of the accused in a case of abduction for ransom. The court als....
The court affirmed the conviction for kidnapping based on substantial witness testimony but acquitted for theft due to lack of evidence.
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