LUDAN PANDEYALIAS BASANT PANDEYALIAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) FOUR accused persons were put on trial by the learned Ist Additional Sessions Judge, Sitamarhi by framing charge under Section 364(A) IPC in Sessions Trial No.269 of 2005/28 of 2005. Out of the four accused, one Chunchun Chaudhary was acquitted of the charge by judgment dated 11.8.2005 whereas the three appellants in the connected three appeals were found guilty of committing offence under Section 365 IPC and each of them was directed to suffer rigorous imprisonment for seven years by the order of sentence which was passed after hearing the appellants under Section 235 Cr.P.C. on 12.8.2005. In addition to the substantive sentence of imprisonment each of the appellants was also directed to pay a fine of Rs.2,000/ -, else to suffer rigorous imprisonment for a period of one year. The appellants have chosen to question their conviction and the sentences which were passed against them by the learned trial Judge.

(2.) SUBHASH Kumar, aged about ten years on 11.4.2004, was sent by his grand -father P.W.4 Shyamjee Sah to realize Rs.5/ - only from the egg - seller as he had not returned the amount. He went there and after a few moments, his cries were heard which attracted his uncle P.w.5 Dinesh Sah and his other family members to the scene of occurrence which was on the road and by the side of a Gumti from which appellant Naga Giri was selling betel. They were informed that two unknown persons had picked up the child, gagged him and after putting him on the motorcycle, sped away in a particular direction. The informant stated that one of the two accused was pointed out to be one Munnu Singh(neither arrested nor brought to justice).

(3.) P .W.5 Dinesh Sah drove into the direction by a motorcycle in which the accused persons had taken away his nephew, but could not get any trace of the criminals or the child and, lastly, was informed by some persons that the above named accused Munnu Singh had been seen taking away the child by the motorcycle towards Bishunpur. A bus driver was requested but he also did not chase the criminals, forcing the informant to retreat to his house from where he telephonically informed the police about the incident.