BAIJ NATH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Four persons in all Parwati Devi, Prabhunath Sah, Baij Nath Sah, the appellant herein, and one Surajdeo Misssir were brought to trial for an offence under Section 366A of the Indian Penal Code for having kidnapped Suman Kumari the minor daughter of Arjun Prasad on 24th June, 1984 from her home. The fourth accused i.e. Surajdeo Missir died during the course of the trial. The Trial Court by its judgment dated 5th September, 1991, convicted the accused for the aforesaid offence and sentenced them to five years rigorous imprisonment. An appeal was thereafter taken to the Patna High Court and the learned single Judge altered the conviction from one under Section 366A to Section 363 of the IPC, released Parvati Devi on the basis of the sentence already undergone and reduced the sentence of the appellants Baij Nath Sah and Prabhunath Sah, to one year's R.I.

(2.) A special leave petition was subsequently filed in this Court by Baij Nath Sah - the appellant and his brother Prabhunath Sah but as the latter did not surrender to custody, his special leave petition was dismissed. We are told that he has undergone the sentence as of now.

(3.) This appeal by special leave filed by Baij Nath Sah is before us.