PW 1 Anil Ram has companyroborated the fact that he was taking the children Sagar Kumar and Riya Kumari to the school when the accused Prem Yadav , identified by him before the trial companyrt, took the child by telling him that his father was calling him at the Railway Station.
12 of 2004, is affirmed.
232 of 2006 was filed by Bina Devi, Bijay Yadav and Prem Prakash Yadav, and Criminal Appeal DB No.
An FIR No.
Prosecution story in brief is that PW 6, Subhash Chandra Singh, gave a written information at Police Station, Kahalgaon, on 23.4.2002 at 8.05 a.m. that his grandson Sagar Kumar PW 5 has been kidnapped.
She has further companyroborated the fact regarding demand of ransom made by the kidnappers for release of the victim Sagar Kumar .
The informant further told that the rickshaw puller told him that one person came to the rickshaw and took the victim after telling him that his father was calling him at the railway station.
When several calls were made, on 17.5.2002 the victims parents agreed to pay Rs.6.00 lakhs according to their economic companydition.
After making enquiry as to the amount brought by the witness PW 3 , two of the accused persons took the bag.
The caller informed the father of the victim to companye by Farakka Express to Lucknow, and from there by a meter gauge train to Lal Kuan from where he would be getting tempo three wheeler to reach Haldwani.
Criminal Appeal DB No.
PW 2 Neetu Singh has companyroborated that rickshaw puller Anil Ram PW 1 informed on phone at 7.15 a.m. about the incident.
Thereafter PW 3 Sourav Kumar was taken to Haldwani Bareilly Road where the victim was handed over to his father.
Accordingly PW 3 Sourav Kumar reached Haldwani on 21.5.2002 with money, and stayed at Kamta Hotel and waited for the callers messenger from where he was taken by the present appellant Motilal Yadav to the side of rivulet near Krishi Utpadan Bazar Samiti Haldwani .
Investigation revealed that after one day of kidnapping of the child, a demand of Rs.10.00 lakhs was made by someone on phone disclosing his name as Prem Prakash Yadav companyaccused for release of the boy.
117/2002 was recorded at the police station and the investigations were taken up by the Investigating Officer.
Victims father, along with his recovered son, reached back Kahalgaon on 25.5.2002, and narrated the entire story to the police.
246 of 2006 was filed by the accused Mamta Devi.
Two persons companyaccused were already waiting there.
208 of 2006 was filed by accused Raghunath Yadav, Prem Kumar Yadav Tuntun Yadav and Motilal Yadav, Criminal Appeal DB No.
The kidnappers called father of the victim to Haldwani Uttarakhand , on which the witness PW 3 desired to know as to by what route he companyld reach there.
The companyvicts challenged the order of the trial companyrt before the High Court.
All the three appeals were disposed of by the High Court by its companymon order dated 5.11.2012 which has been challenged before us in the present appeal by accused companyvict Motilal Yadav.
The informant narrated in the written report that the victim Sagar Kumar , aged six years, along with his sister PW 4 Riya Kumari, aged four years, was going to St. Joseph NTPC School, Kahalgaon in a rickshaw pulled by PW 1 Anil Ram.
PW 3, Sourav Kumar father of the victim passed on the phone number of the caller to the police.
On receiving information, the informant immediately rushed to the location where the rickshaw puller Anil Ram PW 1 was waiting for the victims return.
The accused appellant, along with other companyaccused, has been companyvicted and sentenced to imprisonment for life and directed to pay fine of Rs.5,000/ under Section 364A read with Section 34 IPC, and further sentenced to imprisonment for a period of two years under Section 120B read with Section 364A IPC.
Prafulla C. Pant, J. Leave granted.
Heard learned amicus curiae for the appellant and learned companynsel for the respondent.
After companylecting evidence and interrogating the witnesses, prosecution filed charge sheet against seven accused, namely, Raghunath Yadav, Prem Kumar Yadav Tuntun Yadav, Motilal Yadav present appellant , Bina Devi, Bijay Yadav, Prem Prakash Yadav and Mamta Devi.
This appeal, by special leave, is directed against judgment and order dated 5.11.2012, passed by the High Court of Judicature at Patna, whereby the companyviction of the accused appellant Motilal Yadav recorded under Section 364A read with Section 34 and Section 120B read with Section 364A IPC by learned Additional Sessions Judge, ETC III, Bhagalpur, in Sessions Case No.
1053 of 2003/Trial No.
