GAURI MAHTO @ GAURI KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenging the judgment of conviction and sentence dtd. 22/7/2015, for the offence under Sec. 364A of Indian Penal Code, 1860 (in short "IPC") passed by the High Court of Judicature at Patna in Criminal Appeal (DB) No. 1051 of 2009 confirming the judgment dtd. 27/10/2009 passed by the 1st Additional Sessions Judge, Barh, in Sessions Trial No. 1046 of 2004, the present appeal has been filed by appellant-convict. The appellant has been sentenced to undergo life imprisonment with fine of Rs.5000.00, and in case of default, further sentence of three months.

(2.) The prosecution case in nutshell is that, on 24/10/2002 at about 8.30 p.m., three unknown accused persons armed with deadly weapons stormed into the house of Rajendra Kumar (the informant, PW-13) and committed loot taking away some cash and golden ornaments. In the said incident, they also tied the informant and his wife Suma Kumari (PW-15) and kidnapped their elder child namely Unnat Raj (PW-12), aged eight years with a threat to kill the boy in case the informant raised any hue and cry or inform the police. As alleged, the accused persons also left a ransom note demanding Rs.6.00 lacs to be delivered near Rampur Dumra station by 30/10/2002, failing which, the boy would be killed.

(3.) It is further the case of prosecution that while leaving, the accused persons confined the informant and his wife in separate rooms bolting the doors from outside. The informant somehow freed himself and rushed to the roof, wherefrom he saw the accused persons under the streetlight fleeing away with the child. On the said basis, FIR was lodged and during course of investigation, present appellant along with 6 other accused persons namely Sudhir Mahto, Diwakar Yadav, Dayanand Mahto, Pramod Kumar, Dhurba Yadav and Awdhesh Yadav @ Gama Yadav were charge-sheeted for offences punishable under Ss. 364A/395/120(B)/34 of IPC. The trial was conducted and present appellant along with one Sudhir Mahto was convicted for offence under Sec. 364A of IPC, whereas, acquitted for other offences.