RAJENDRA PD SINGH @ MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Section 364 IPC and sentenced to RI for ten years and fine of Rs. 1,000/- in default of which a further imprisonment for six months by the 2nd Additional Sessions Judge, Bhagalpur in S. Tr. No. 435/90 (R) by a judgment dated 01/02.09.1997.

(2.) The case of the prosecution according to P.W. 4, Md. Nasim, the informant given on 18.12.1999 is that on 26.10.1999 he learnt that a communal riot had broken out in the village at which the members of muslim community proceeded to leave the village and went to Salempur village. When they reached near the river, Andhari his co-villagers i.e. the present Appellants approached them from behind and caught his father Md. Badruddin and forced him to go towards village Karhariya. He was not seen alive thereafter so he suspected that his father had been killed by the present Appellants.

(3.) During trial the prosecution in all examined six witnesses out of whom P.W. 1 is a formal witness whereas P.W. 2 is the son of the alleged kidnapped Md. Badruddin and P.W. 3 is his wife whereas P.W. 4 is the informant and P.W. 5 is the wife of the informant and P.W. 6 is another son of Md. Badruddin.