Criminal Appeal (SJ) No. 191 OF 1994 ******** Against the judgment and order of conviction dated 7.11.1992 passed in Sessions Trial No. 168 of 1993 by the learned 3rd, Additional Sessions Judge, Bettiah, West Champaran. ****** 1. MOHAN SINGH S/O DEO NARAIN SINGH R/O VILLAGE BALUA, P.S.- PAHARPUR, DISTRICT- EAST CHAMPARAN 2. TAHSILDAR KUMAR @ TAHSILDAR SINGH S/O SALIN KUMAR 3. CHANDRA SEKHAR KUMAR @ CHANDRA SEKHAR SINGH S/O TAHSILDAR KUMAR @ TAHSILDAR SINGH BOTH R/O VILLAGE BISHAMBHARPUR, P.S.- MANJHAULIA, DISTRICT- EAST CHAMPARAN ……..….. Appellants Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Rajendra Kishore Prasad Adv. For the State : Indu Bala Pandey APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellants have been convicted by the judgment dated 7.11.1992 passed by the learned 3rd, Additional Sessions Judge, Bettiah, West Champaran in Sessions Trial No. 168 of 1993 by which he has convicted the appellants under Section 364, 109 I.P.C. and in addition the co- accused Kolai Singh and Suresh Singh have been convicted under Section 364 I.P.C. and sentenced to rigorous imprisonment 10 years and a fine of Rs. 2000/- in default of which 3 months rigorous imprisonment. It appears that the appellants had initially been charged also under Section 302, 201 I.P.C. but they have acquitted of the charges by the Trial Court. 2. The case of the prosecution is that on 29.10.1993 the brother of the informant i.e. Ramakant Singh was called away by Tahsildar and Chandra Sekhar on the pretext that he was being called by Kolai Singh at which Ramakant left with them. Subsequently the dead body of Ramakant was found near a pond. 3. It was suspected that the appellant no.3 was involved in the murder of Ramakant with whom there was old enmity. 4. The prosecution examined 7 witnesses out of whom P.W.3 is the informant whereas P.W. 1, 2, 5, 6 and 7 are on the point of the deceased having left with Tahsildar and Chandra Sekhar appellant nos. 2 and 3 respectively of Cr. Appeal No. 191 of 1994. 5. The case of the defence was that in fact there was no enemity between appellant Kolai Singh and the deceased and the entire story of abduction was completely false and based on suspicion. 6. The submission of the counsel for the appellant is that even accepting the prosecution case in its entirety in the facts of the case, no offence under Section 364 I.P.C. is made out. There is no material that the brother of the informant had been kidnapped by the appellants and on the contrary it is the prosecution case itself that the deceased had left willingly with the appellant no.2 and 3 of Cr. App. No. 191/94. 7. I find from the evidence adduced on behalf of the prosecution that all that has transpired against the appellants is that the deceased had been seen in the company of the appellants. This alone would not be sufficient to substantiate the charge under Section 364 I.P.C. 8. In view of the discussion above, the appeal is allowed and conviction and sentenced of the appellants dated 7.11.1992 passed by the learned 3rd, Additional Sessions Judge, Bettiah, West Champaran in Sessions Trial No. 168 of 1993are hereby set aside and the appellants are discharged from the liabilities of their bail bonds. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 31th March, 2011 NAFR/ Fahad.