SARIF MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the counsel for the appellant and the State.

(2.) The appellant has been convicted under Section 364 of the Penal Code and has been sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.1000/- and on failure to pay the fine ordered to undergo rigorous imprisonment for one year.

(3.) The prosecution case as alleged in the fardbeyan of the informant, Peer Mohammad, alleging therein that he had his sasural at Parsurampur where he get his property and lives there and on 18.02.1996 came to Parshurampur along with his samdhi, Adalat Mian, and after taking meal get his samdhi slept on his bed and he himself went to sleep into the room adjoining to room in which samdhi was sleeping. At about 11.30 p.m. some unknown persons came and knocked the door in which samdhi was sleeping and when he came out after opening the door then the accused persons kidnapped him. He saw the accused persons taking his samdhi, but, out of fear he did not came out. It has, further, been alleged that he is in litigation with Sarif Mian and Sarif Mian has threatened that he will kill him and he is in association with criminals and may have come for his kidnapping.