IMPORTANT POINT
The essential ingredients for a conviction under Section 364-A IPC include proof of kidnapping, a demand for ransom, and a threat to the victim's life, all of which must be established beyond a reasonable doubt.

JUDGMENT :

Sujit Narayan Prasad, J.

1. Both the appeals since arisen out of common judgment of conviction dated 12.07.2017 and order of sentence dated 15.07.2017, hence, these appeals have been directed to be heard together and are being disposed of by this common order/judgment.

2. The instant appeals, filed under Section 374 (2) of the Code of Criminal Procedure, are directed against the judgment of conviction dated 12.07.2017 and order of sentence dated 15.07.2017 passed by the learned Addl. Sessions Judge-IV, Chatra in S.T. Case No.48 of 2013, whereby and whereunder, the appellants have been convicted and sentenced to undergo R.I for life along with fine of Rs.10,000/-for the offence under Section 364-A of the IPC and in case of default of payment of fine, they have further been directed to undergo imprisonment for nine months.

3. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of prosecution case, as per the written report of the informant, which reads as under:

4. As per the written report of the informant dated 18.07.2012, the prosecution story in brief is that on 14.07.2012 at about 7.30 p.m., the informant was sitting at his shop situated beside Jogiyara road, where three unknown miscreants wearing t-shirt and shirt came and demanded mixture and biscuit which was packed by the informant. It is alleged that thereafter two of the miscreants took out pistols and asked him to accompany them since their commander was calling him. All of them proceeded on foot towards the western side, near river Amjhar, where four persons were present. It is alleged that all of them took the informant towards the southern side of the forest and crossed Pratappur Jori road and moved further in southern side of the forest. At about 12.30 in the night, they stopped beneath a tree and at about 5.30 in the morning, they started moving and reached inside the forest at about 2.00 p.m. where they stayed for some time. He has further stated that at about 9.00 p.m., they reached at village Mohanpur and ate rice and vegetable in the house of some unknown person and again came back to the forest. They also took away his MTS mobile bearing No.8434612518. He has stated that they were threatening him that if Rs.10,00,000/-was not given to them as ransom, he would kill him. Further on 17.07.2012 at about 1.30 p.m., they released him stating that they had received the money and threatened not to disclose about these facts either to the police or any other person. The informant travelled about nine kilometers in the forest and arrived at Kunda Chowk, where his family members were waiting. They disclosed that rupees one lakh was given to the kidnappers near a bridge situated at Amauna Road. The amount of Rs.98,000/-consisted of Rs.500 currency notes and remaining currency notes were of Rs.1,000/-denomination each.

5. The informant has further alleged that his sister Anita Devi was employed as para teacher in Primary School, Dhimdabar, where she was constructing the School building from the government fund allotted for the purpose. One Arun Ganjhu resident of Dhimdabar had demanded Rs.100,000/-which was refused, upon which, he had threatened that any how he would extort Rs.100,000/-from him. The informant has given detail description of apparel and physique of the accused persons and claimed that he could identify them when they are made to appear before him. He has stated that due to the aforesaid incident, he was mentally disturbed and therefore, could not lodge the case within time.

6. On the basis of written report of informant, Aashish Kr. Gupta, FIR was registered and investigation started, upon completion investigation, charge-sheet was submitted by the police against the accused persons and accordingly the learned A.C.J.M., Chatra took cognizance of the offence punishable under section 364(A) of IPC and committed the case record to the cou