UPENDRA BARAIK Vs. STATE OF BIHAR

JUDGEMENT

(1.) JUDGMENT :- The appellants Upendra Baraik and Smt. Magan Tirkey have preferred this appeal against the judgment and order of conviction and sentence dated 13-2-1995 passed in Sessions Trial No. 8 of 1990 by the First Addl. Sessions Judge, Gumla whereby the learned Addl. Sessions Judge convicted both the accused Upendra Baraik and Smt. Magan Tirkey under Sections 366, 368 read with Section 34 of Indian Penal Code and sentenced them to undergo rigorous imprisonment for seven years under Sections 366/368/34 of Indian Penal Code and to pay a fine of Rs. 200/- (rupees two hundred) each. The Learned Additional Sessions Judge has also convicted Upendra Baraik under Section 376, I.P.C. and sentenced him to undergo rigorous imprisonment for seven years under Section 376/IPC and to pay a fine of Rs. 200/-. In default of payment of fine both the accused have to undergo further rigorous imprisonment for one month each. The sentences are to run concurrently.

(2.) In short, the case of the prosecution is that on 1-1-1987. Geeta Kumari aged 15 years, daughter of the informant Sunder Singh had disappeared from her house and the informant had searched for her, but she could not be traced. Fard-beyan of the informant Sundar Singh was recorded on 30-1-1987 at Bariatu P. S. by Sub Inspector of Police A. Khan of Bariatu P. S. One week before the recording of the fard-beyan of the informant, one Sukhdeo Mahali of his village had told the informant that he had seen Geeta Kumari with Magan Tirkey and Upendra Baraik in the house of Magan Tirkey in Tetartoli, P. S. Bariatu, District Ranchi. On the information, the informant along with his wife Chhotan Devi, his sister Savitri Devi and brother-in-law Bhukhan Singh came to Tatartoli and saw his daughter in the house of Magan Tirkey and Upendra Baraik. Magan Tirkey and Upendra Baraik work at Ranchi and they live in the same house in Tatartoli. P. S. Bariatu, Dist. Ranchi. The informant took his daughter Geeta Kumars from the house of Magan Tirkey and Upendra Baraik and also caught Magan Tirkey and Upendra Baraik and took the three persons to the police station. It has been alleged in the FIR that both the accused had brought Geeta Kumari for marrying her with Upendra Baraik. On the basis of the fard beyan (Ext. 6) of the informant Sundar Singh, formal FIR (Ext. 1) was drawn. After investigation police submitted chargesheet against both the accused appellants. The Chief Judicial Magistrate after taking cognizance of the case committed it to the Court of Session for trial. On 22-4-1991 the learned Additional Sessions Judge had framed charges under Sections 366/34 and 368/54 of Indian Penal Code against both the accused appellants. On 2-9-1992 the learned Additional Sessions Judge also framed charge under Section 376 of the Indian Penal Code against accused Upendra Baraik.

(3.) The defence of the accused persons according to the trend of the cross-examination of the prosecution witnesses is that they have been falsely implicated in this case.