Per Amitav K. Gupta, J.

Both the appeals are directed against the judgment and order of conviction dated 19.4.2003 and 22.4.2003 respectively passed by the learned 4th Additional Sessions Judge, FTC, Garhwa in Sessions Trial No.142 of 2002 arising out of Garhwa P.S. Case no.152/02 corresponding to G.R. No.574/02, whereby and whereunder the above named appellants have been convicted for the offence under Sections 364 A of the Indian Penal Code(IPC for short) and have been sentenced to rigorous imprisonment for life and a fine of Rs.5,000/-and in default thereof to undergo further simple imprisonment of six months.

2. Brief facts of the prosecution's case as per the written report of informant, Munnilal Sao (P.W.-1), is that on 21.7.2003 he and his brother, Mahaveer Sao (P.W.-3, the victim) were in their scrap (Kabari) shop. At 13:30 hrs. three accused viz. Chand Kureshi, Sajid and Vinod Ram entered the shop and after flashing their pistols, forcibly dragged P.W.-3 and made him sit in the Maruti Van bearing registration No.BR-15-5860. Two other persons were sitting one of whom he identified as Sanjay Gupta, but could not identify the other person. It is alleged that the accused persons kidnapped his brother Mahaveer Sao in the Maruti Van and took him to Ranka More. That they are professional criminals and they had earlier given threats and demanded rangdari (extortion money). It is alleged that they had kidnapped his brother (P.W.-3) for ransom and would kill his brother.

3. On the said information Garhwa P.S.Case No.152 of 2002 was instituted under Section 365, 364, 387 and 34 of the Indian Penal Code (for short IPC). During investigation the Police apprehended appellant/accused Chand Qureshi and one Bihari Ram and recovered victim Mahaveer Sao (P.W.-3). The confessional statement of the accused/ appellant Chand Qureshi was recorded thereafter the statement of the witnesses was recorded under Section 161 Cr.P.C. On completion of investigation, charge-sheet was laid under Section 364 A read with 34 of the IPC and cognizance was taken whereafter the case was committed to the Court of Sessions and was transferred to the court of IVth Addl. Sessions Judge. The appellants/accused faced trial for the charges under Sections 364/34 IPC.

4. The prosecution examined 13 witnesses viz. P.W. 1 Munilal sao, the informant; P.W.-2 Dharamraj Sao, P.W.-3, Mahabir sao (the victim), P.W.-4, Bandhupal, P.W.-5 Naresh Choudhary, P.W.-6, Brij Kishore Choudhary (a seizure list witness), P.W.-7-Dr. R.N. Singh Diwakar who has proved the injury report, exbt.2 of victim Mahabir Sao, P.W.-8-Surendra Prasad, police personnel, P.W.-9-Parshuram Dubey, a sub-inspector, P.W-10 Nandu Ram, Home Guard, P.W.-11-Laxman Jha, A.S.I.; P.w.-12-Paras Nath Singh, the owner of the alleged Maruti Van and P.W.-13, Upendra Singh, the investigating Officer.

5. The documents exhibited on behalf of the prosecution are;-Ext.-1, the written report of Munilal Sao, Ext. -2, the injury report of P.W.-3 ( the victim), Ext. 3, the signature and endorsement of P.W.-13 on Ext. 1, Ext. 4 is the formal F.I.R. and Ext.-5 is the confessional statement of appellant/accused Chand Qureshi.

6. On closure of the prosecution's case, statement of the accused/appellant was recorded under Sections 313 Cr.P.C. and the defence is of complete denial.

7. On behalf of the defence four witnesses have been examined viz. D.W.-1 Rajendra Singh, D.W.-2, Ramesh Pd. Gupta, D.W.-3, Mohd. Shahzad Khan and D.W.-4, Md. Shazid.

8. On the basis of the evidence and materials on record, the trial court convicted and sentenced the appellants by the impugned order and judgment.

9. Learned senior counsel, Sri A.K.Kashyap, on behalf of appellant Sanjay Gupta has assailed the impugned judgment inter-alia on the ground that the learned Court has not considered the fact that no overt act has been alleged against the appellant and the ingredients for the offence under Section 364A of the IPC is not made out against th