ANIL SINGH Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The appellant have been convicted under Section 364 of the Penal Code and has been sentenced to undergo rigorous imprisonment for ten years though have, further, been convicted under Sections 147 of the Penal Code and 27 of the Arms Act, however, no separate sentence for these offences.

(3.) The prosecution case, as alleged in the first information report by the informant, Ashok Singh, P.W. 5, that his younger brother, Anil Kumar Singh, aged 22 years, on 27.06.1995 at about 03.00 p.m. was going to attend the funeral of Ramadhar Singh. He was going with the funeral of Ramadhar Singh to Ganga Ghat at 03.00 p.m. on 27.06.1995. The said burning ghat is on the bank of river Ganga at distance of about 3 k.ms. from the village, when his brother reached at a distance of about one and half kilometer then the co-villagers, accused, Srikant Singh, Laljee Singh, Surendra Singh, Kanhaye Singh, Anil Singh, son of Rampervesh Singh, Rash Bihari Singh and Lavkush Singh, armed with fire arm kidnapped Anil Singh by force. Further, case of prosecution that Ramnaresh Singh (P.W. 1), Prabhu Singh (P.W. 3), Arvind Singh (P.W. 2) are the witnesses of the occurrence. These witnesses were going behind Anil Kumar Singh, the brother of the informant, and were also members in the funeral of Ramadhar Singh, who had seen the accused persons kidnapping Anil Singh the brother of the informant. The, further, case is that the informant make out a search of his brother, but, could not find him. He even tried to contact the kidnappers even going to their houses, but, could not meet them. The motive for the occurrence is that the father of the informant has filed a case against the accused persons, which was pending in the Court. The occurrence has been done for pressurizing to withdraw that case. It has, further, been contended that the accused, Rash Bihari Singh is veteran criminal against whom several cases are pending.