1. All the four appellants on being found guilty were convicted under S.364A read with S.120 - B and also under S.379/120 - B of the Indian Penal Code and were sentenced to undergo imprisonment for life for an offence under S.364A / 120 - B and further to undergo R.I. for three years for an offence under S.379/120 - B of the Indian Penal Code .

2. One Mica factory belonging to Alok Rajgaria situate at Tundi Road, Giridih. The proprietor Alok Rajgaria a resident of Kolkata used to visit his factory at Giridih once or two in a month.

3. It is the case of the prosecution that on 12-6-2002 Alok Rajgaria left Howrah for Dhanbad at 6.30 a.m. by Satabdi Express. Before he left, he instructed his driver, Jitendra Kumar Rai (appellant) to take his car to Dhanbad on 11-6-2002 itself so that he may receive him at Dhanbad Station in the next morning to come to Giridih. Upon reaching Dhanbad Alok Rajgaria made a call to the Head office at Kolkata at 9.20 a.m. about his arrival at Dhanbad. When he did not reach Giridih till 1 p.m. a staff of the factory at Giridih informed about it to the Head office at Kolkata as generally he used to reach Giridih from Dhanbad by 11.30 a.m. When Dilip Kumar Ra