TULLU MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has been convicted under Sec. 364 Penal Code and sentenced to RI for seven years and a fine of Rs. 2,000.00 in default of which a further period of one year RI by the Additional Sessions Judge-II, Katihar in Sessions Case No. 251 of 1995 by a judgment dated 17/18.12.1996.

(2.) The case of the prosecution according to Santolia Devi, P.W. 1 is that while about 16 days before 25.07.1995 when she was sleeping in her room with her husband some body knocked at her door. When the husband enquired it was learnt the appellant Tullu Mian had knocked. It was further stated that when the door was opened the appellant Tullu Mian asked the husband of the informant to proceed with him to talk with Anirudh Mandal and others. The informant's husband did not return after the said incident and, therefore, she suspected that he had been kidnapped for purpose of murder by the appellant and others.

(3.) During trial the prosecution in all examined four witnesses out of whom P.W. 1, Santolia Devi is the wife of the alleged victim. P.W. 2, Sekh Manjur Alam is the father of the informant. P.W. 3 Abdul Sattar is a tendered witness. P.W. 4, Raj Kumar Singh is Investigating Officer.