FAIZAN AHMAD ALIAS KALU Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned counsel for the State.

(2.) THREE appeals have heard together and disposed of by the common judgment as all the three appeals arose out of same judgment and order dated 7th September, 2005, passed by Shri Dhramnath Prasad Verma, Additional Sessions Judge, F.T.C.I, Begusarai in Sessions Trial No. 304 of 2003 (arising out of Sahebpur kamal P.S. Case No. 162 of 2002, by which he has convicted appellant Md. Dawood, Sahani Khatoon and Tabbasum Aara for offence under Sections 368/149 read with Section 120B I.P.C. and sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/ - (Ten thousand) and if they failed to deposit the fine to further undergo S.I. for one year and has further convicted above named three convicts for offence under Section 120 B I.P.C. and sentenced them to undergo rigorous imprisonment for life. He has further convicted Md. Naushad Alam, Md. Sultan and Md. Kalu alias Faizan for offence under Sections 364/149 I.P.C. and sentenced them to undergo rigorous imprisonment for life and fine of Rs. 10,000/ - and if they failed to deposit the fine then further convicted them to undergo S.I. for one year. He further convicted them for offence under Section 120B I.P.C and sentenced them to undergo rigorous imprisonment for life.

(3.) THE prosecution case is that Sazia aged about eight years, (P.W. 5) the daughter of the informant, Takki Imam (P.W.11), Shirri aged about seven years (P.W.6), Rehan aged about five years (P.W.7) and Arfa Jamal (not examined) aged about three years were the children of Nusrat (P.W. 4) they came from Masjid after their study at 4 P.M. They took their meal and went out of their houses to play. The children did not return till 6 P.M. Nusrat, P.W. 4, the niece of the informant, P.W.11 came in search of children. The informant, P.W.11 also proceeded for making out search of the children, but in vain. The children could not be found out. They doubted that Kalu might have hand as he was telephone operator on the private telephone booth of P.W.