PARIKSHAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant, Parikshan Rai, has been convicted under Sections 364, 302 and 201 IPC by the Additional Sessions Judge, Fast Track Court No. IV, Samastipur in connection with Sessions Trial No. 39 of 1998/02 of 2003, by Judgment and Order dated 25.02.2004. The appellant has been sentenced to undergo RI for life under Sections 364 and 302 IPC and fine of Rs. 10,000/- for each of the offence. No separate sentence has been awarded for offence under Section 201 IPC in view of the life sentence awarded to the appellant under other sections.

(2.) The Shahpur Patori P.S. Case No. 102 of 1991 was instituted on the basis of Station Diary Entry No. 396, dated 19.10.1991, drawn up on the basis of written report of Shashi Bhushan Kunwar, P.W. 7, son of the deceased, Balbhadra Kunwar.

(3.) As per the written report of P.W. 7, dated 14.10.1991, his father Balbhadra Kunwar had gone with Teju Rai to Samastipur on 09.10.1991 and was expected to come back in the evening as stated by him at the time of departure. He did not come back till 14.10.1991. When, he did not come back and no one gave any information regarding his whereabouts, the son of the deceased became apprehensive that he might have been kidnapped by some unknown persons. In this circumstance, he submitted written report for drawing Sanha and to take necessary steps to find out his whereabout. On the basis of Sanha, FIR was instituted, case was investigated, charge sheet submitted, cognizance taken and finally it was put for trial.