KAJU Vs. STATE

JUDGEMENT

(1.) These two appeals - Criminal Appeal No.301 of 1982 at the instance of Kaju alias Kajimuddin and Lalu alias Lulu alias Lola Sk. and Criminal Appeal No.328 of 1982 at the instance of Najibar Sk. - arise out of the order of conviction and sentence passed by the learned Sessions Judge, Birbhum in Sessions Case No.22 of 1982. These two appeals have been heard together and this judgment shall govern both of them.

(2.) The three appellants along with one Nuru alias Nurul Sk. faced trial jointly before the Sessions Judge on charges under Ss.302/34, 364/34 and 201/34 I.P.C. Nuru alias Nurul Sk. has been acquitted of all the charges. The appellants of Criminal Appeal No.301 of 1982, viz., Kaju and Lalu have been found guilty under S.364/34 I.P.C. while the appellant Najibar Sk. (Cr. Appeal No.328 of 1982) has been found guilty under S.364/34 and S. 201 I.P.C. Each of the appellants has been sentenced to suffer rigorous imprisonment for eight years under S.364/34 I.P.C. Najibar has been further sentenced to suffer R.I. for three years under S.201 I.P.C. Both the sentences in the case of Najibar are to run concurrently.

(3.) The prosecution case in brief is as follows. The deceased Golam Rahaman who was a quack doctor and commonly known as Chaka Daktar was originally a resident of village Shergram. The accused Kaju seduced a daughter of Golam Rahaman resulting in a litigation with Kaju, Lalu and others. The villagers persuaded Golam Rahaman not to proceed with the matter but Golam Rahaman not having agreed to persuasions moved to village Madhura. While staying at Madhura he occasionally visited Shergram stealthily. On the 21st Kartick 1368 B.S. pursuant to some information received from a cowboy about Golam Rahaman, his son Abdul Halim (P.W. 1) set out in search of his father but could not find him. During the search he learnt from Mojaffar that the four accused persons had carried away his father along the east side of the bank of the canal. On the same afternoon the wife of Nakshed, viz., Johura Bibi (P.W. 7) came to the house of P. W. 1 and informed that three persons, viz., Kaju, Najibar and Lola had kidnapped Golam Rahaman from near the Gumti situated by the side of the canal. P.W. 1 continued the search for some time more but without any result. On the next morning, i.e., on 9-11-1979 P.W. 1 lodged a written complaint with the Officer-in-Charge of Nalhati P.S. at about 09.15 hrs. On the basis of which Nalhati P.S. Case No.2 dated 9-11-1979 under S. 364 I.P.C. was started. In this written complaint (Ext. 1/1) it is stated that the informant apprehended that his father had been kidnapped by the persons named therein with the intention to assault or murder him. As a motive for such apprehension it was further alleged that there was litigation between his father and the aforesaid persons.