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3. The charge sheet was filed against all the accused persons in Case Crime No.374 of 2000, under Section 346 IPC and Case Crime No.348 of 2000, under Sections 147, 148, 307/149 IPC and Case Crime No.350 of 2000, under Arms Act. All the criminal trials were clubbed. After trial, the accused persons including the appellants were convicted as referred above.

4. Learned counsel for appellants submits that appellant - Bhagwan Swaroop was not named in the First Information Report and his name is came into light at the stage of investigation and no incriminating material/article was recovered from his possession. However, appellant - Ranno was one of the named accused along with three other co-accused. The victim - Rajkumar @ Raju (PW-2) was recovered from the hut and in his testimony, he stated that he was kidnapped by the appellants - Bhagwan Swaroop and Ranno along with three other co-accused persons. They were having country-made pistol. They flashed country-made pistols and extended threat to him. In this case, admittedly, there was no call for ransom. Learned counsel further submitted that in order to make out a case for under Section 364 IPC, prosecution has to prove that kidnapping or abducting was committed in order to commit murder of person so abducted or kidnapped or he may be put in danger being murdered whereas in present case, there was no evidence in this regard. Therefore, no offence is made out under Section 364 IPC and it could be a case only under Section 365 IPC which is for kidnapping or abducting secretly or wrongfully confined a person, which could be punished with imprisonment of either description for a term which may be extended to 7 years and was also be liable to fine.