JUDGMENT :

SHREE CHANDRASHEKHAR, J.

1. Lohardaga P.S. Case No. 71 of 1998 was registered under Sections 363, 364, 448 and 387 of the Indian Penal Code against seven unknown criminals. Narayan Oraon who was one of the victims gave a written report on 15.07.1998 to the officer-in-charge, Lohardaga P.S. that in the midnight of 13.07.1998 seven unknown criminals entered his house, demanded guns which they thought the family possessed or in lieu thereof rupees one lakh and forcibly took him and his younger brother Shiv Charan Oraon with them for ransom. On the way they apprehended Narayan Bhagat also, but after some time they released him and Narayan Bhagat near river Banjar Kisko and kept Shiv Charan Oraon in their custody for ransom. The informant paid rupees five thousand to them the next day but his brother was not released. In course of investigation, the informant and his family members disclosed complicity of Turkeman Ansari, Aziz Ansari, Ram Bilash Oraon, Sattar Ansari, Balak Ansari, Mazar Ansari, Mobin Eraki and Islam Ansari. The accused were associates of Turkeman Ansari who was operating the dreaded criminal gang “Jarlhawa.” Islam Ansari was arrested on 17.07.1998 and the investigating officer obtained non-bailable warrant of arrest against the other accused on 21.07.1998. Mobin Ansari was arrested on 27.07.1998 and on the same day he suffered a disclosure statement in which he confessed his own involvement in abduction of Shiv Charan Oraon. The other absconding accused could not be apprehended during the investigation and a charge-sheet came to be filed against Mobin Eraki and Islam Ansari for the offences under Sections 363, 364, 386, 387, 452 and 458 of the Indian Penal Code. The prosecution produced eight witnesses during the trial but the investigating officer of the case did not enter the witness-box to support the prosecution case. PW-1 who is the father and PW-2 who is the brother of Shiv Charan Oraon have stated that Mobin Eraki and Islam Ansari were amongst those seven criminals who abducted Shiv Charan Oraon for ransom. The mother, sister and sister-in-law of Shiv Charan Oraon did not support the prosecution in the Court and the other two witnesses, namely: Bandey Oraon and Janardan Bhagat are a kind of hearsay witnesses.

2. In the midst of the trial, by an order dated 07.09.1999 passed by the High Court in Criminal Misc. No. 4031 of 1999(R) Islam Ansari was granted bail. Mobin Eraki followed him and he was also granted bail vide order dated 01.02.2000 passed in Criminal Misc. No. 9031 of 1999(R). After the last prosecution witness was examined on 29.02.2002, Islam Ansari did not appear in the trial and on two successive defaults the bail-bonds furnished by him were cancelled vide order dated 26.07.2002. He remained absent for more than 1½ years and then vide order dated 26.03.2004 his trial was split up. In Sessions Trial No. 767 of 1998, Mobin Eraki was found guilty and he was convicted and sentenced to R.I. for 10 years under Section 458 IPC, R.I. for 5 years under section 387 IPC and R.I. for life under section 364 IPC.

3. Islam Ansari was arrested on 30.10.2011 and the split up record was re-numbered as S.T. Case of 767 of 1998(S). Islam Ansari was examined under Section 313 of the Code of Criminal Procedure and offered opportunity to lead evidence which he did not avail and finally vide judgment dated 31.08.2012 he was also convicted under sections 458, 387 and 364 of the Indian Penal Code and awarded similar sentences as suffered by Mobin Eraki.

4. Criminal Appeal (DB) No. 1189 of 2005 filed by Mobin Eraki was admitted for hearing vide order dated 07.12.2005 and his prayer for suspension of sentence was accepted on 10.09.2007 by a Co-ordinate Bench of this Court. Thereafter the criminal appeal remained pending for about 5 years and the lower Court records were sent back for the trial against Islam Ansari. These two appeals which are filed against separate judgments written by two different Sessions Judges co