BALINDRA SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole Appellant, Balindra Sahani has been convicted under Sections 364, 302 and 201 of the IPC by 1st Additional Sessions Judge, Saran in Sessions Trial No. 548 of 2002 by judgment and order dated 7.4.2006/10.4.2006. The Appellant has been sentenced R1 for life for his conviction under Sections 364 and 302 IPC and R1 for three years for conviction under Section 201 IPC.

(2.) The informant, Vijay Singh, P.W. 1, is the father of victim, Raja Babu @ Ganesh, who was kidnapped and killed by unknown persons. The occurrence regarding kidnapping of the victim boy was committed in between 8.30 a.m. to 11.00 a.m. on 14.6.2000, when he has proceeded from his father's shop after taking chocolates and biscuits, which was a routine affair. The boy did not reach to his house, this was noticed by the informant at 11.00 a.m. on the same date. Thereafter, a search was made for the missing boy, but he was not traced out. On. 15.6.2000 at 4.15 p.m., a Sanha Entry No. 291 was recorded at Taraiya Police Station.

(3.) Thereafter, the villagers as well as the police were engaged in tracing out the boy, but there was no success. On 18.6.2000, the informant have some secret information from his co-villagers that another co-villagers Dhananjay Singh and Balindra Sahani have kidnapped his 5 years aged son, namely, Raja Babu @ Ganesh. On this information, the Balindra Sahani was caught by the villagers and he made confession that on being assured by Thakur Birendra Singh that he and Dhananjay Singh will be paid Rs. 10,000/- (ten thousand) each, the son of the informant was kidnapped, while he was going from the shop to his house. He also confessed that the boy was thereafter brought to the house of Thakur Birendra Singh. He was kept for some time there. Then it was decided that he should be killed or otherwise their secret will be known to others. Dhananjay Singh was of the view that the boy should not be killed, otherwise they will not be able to receive the ransom amount. Finally a letter was written and sent to the informant asking for Rs. one lac as ransom and with this threatening that in case of non-payment of ransom amount, he will get his son's dead body. Finally the kidnapped boy was strangulated to death and his dead body was brought to the dilapidated house of Thakur Birendra Singh and kept on roof of the house covered with grass, acid was also poured on the dead body.