SUNDER RAUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Fardbeyan of P.W.7 has been based for F.I.R. which in short is that informant's husband Sakal Singh was taking meal in his courtyard, 8-10 persons variously armed with Rifle and Gun entered his courtyard, forcibly took him away in spite of informant's protest. On the hue and cry made by the informant, villagers assembled but remained mute spectator. Abduction is said to be done on instance of accused Sunder Raut as earlier his she-buffalo and two bullocks were stolen and informant's husband was blamed for the same. Sunder Raut is said an active member of extremist. He (Sakal Singh) has been found traceless also. After concluding the trial, the case is ended in conviction and sentence to appellants for the offence under section 364/34 of the Indian Penal Code only.

(2.) In all eight witnesses are examined in the case. They are Ashok Kumar, Ganauri Singh, Ram Swarup Sah, Kailash Paswan, Chunnu Devi, Satendra Kumar, Kalawati Devi and Ramashray Sharma P.W.1 to P.W.8.

(3.) After scrutinising the conclusion made by the trial court it is pertinent to mention here that the victim of the case Sakal Singh is traceless till today. Of witnesses, P.W.1 Ashok Kumar is a formal witness, P.Ws. 2, 3, 4, 6 and 7 are witnesses to state about taking place of the incident of abduction of informant's husband by miscreants but without referring appellants' name. Finding the same not in conformity with their statement under section 161 Cr.P.C. they all have been declared hostile. There is no dispute on the point that part of their (hostile witnesses') evidence is acceptable and rightly has been accepted by the trial court. P.W.8 is I.O. of the case.