ASHOK MAHTON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Appellants and learned Counsel for the State.

(2.) Ashok Mahton and Bijay Ram have been convicted for offence under Section 364 of Indian Penal Code and have been sentenced to undergo rigorous imprisonment for eight years for offence under Section 364 of Indian Penal Code.

(3.) The prosecution case as alleged that when the informant went to Deoghar to worship Lord Shiva leaving his minor son Amit. When he came back then he learnt that his son Amit aged about five years has been taken away by his Bhabhi, Beena, who was deserted by her husband, the elder brother of the informant for the reason of her ill character and did not take her back and has ousted her. Then she was threatened to ruin his entire family. It is further alleged that his Bhabhi, Beena in love and developed illicit relationship with accused Jaddu Yadav and Bisun Yadav who have running a whole sale cloth shop. It is alleged that one Sarshwati Devi allowed to live Beena. It is further alleged that Jaddu Yadav and Bisun Yadav along with Beena and Sarswati have kidnapped his son with a view to murder. On the basis of Fardbeyan, F.I.R. was lodged and after investigation, Police submitted charge sheet and case was committed to the Court of Sessions. After charge was framed, trial proceeded and during trial fourteen witnesses were examined by the prosecution and both oral and documentary evidence have been adduced which has been marked Exhibit 1 to 5 series.