IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.1093 of 2011 Kameshwar Singh son of Late Mathura Rai, Resident of village Ahraon, P.S.Darihat, District Rohtas -------- Appellant Versus 1. The State Of Bihar 2. Laxman Kumar Singh 3. Binod kumar Singh, both sons of Late Nathun Singh, resident of village Ahraon, P.S.Darihat, District Rohtas 3. Binod Kumar Singh son of Masaheb Singh,Resident of village Kaithi, P.S.Tilauthu, Distirct Rohtas --- Respondents ---------------------------------- 02/ 24.11.2011 Heard. The appellant has filed the present appeal against the judgment of acquittal of respondent no.2 Laxman Kumar Singh and respondent no.4 Binod Kumar Singh and for enhancement of sentence awarded to appellant no.3 Binod Kumar Singh son of Late Nathun Singh in a case for offence under Section 364 of the Indian Penal Code passed by 2nd 2 Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 145 of 1997 on 21.06.2011. In the first information report, the specific case of the informant is that one Binod Kumar Singh son of Late Nathun Singh enticed away his nephew whose name is also Binod Singh and after ten days of the occurrence Binod Kumar Singh returned but his nephew did not return. Father and uncle (informant) of the victim, have been examined as P.Ws. 4 and 5 respectively. P.W.4 father of the victim during his evidence has come out with the case that one Ambika Singh has disclosed that the victim was seen going towards Dehri by Bus along with all the three accused namely, Laxman Kumar Singh, Binod Kumar Singh son of Late Nathun Singh and Binod Kumar 3 Singh of Masaheb Singh. This evidence of P.W.4 has been found inconsistent from the first information report in which specific case of the informant (P.W.5) is that the victim went only with Binod Kumar Singh son of Late Nathun Singh. Ambika Singh’s confession was expunged by this Hon’ble High Court whereas P.Ws. 1 and 2 who have been declared hostile though they have supported the accusation of kidnapping but they have shown ignorance about the manner of kidnapping. We have gone through the impugned judgment. We do not find any perversity in appraisal of the evidences. The trial court has rightly passed the impugned judgment. As such, the sentence of the appellant no.3 Binod Kumar Singh son of Nathun Singh also does not require 4 to be enhanced. Accordingly, this appeal is dismissed. Tahir/- (Shyam Kishore Sharma, J.) ( Dinesh Kumar Singh,J.)