HARI SINGH @ HARI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Statement/Fardbeyan of informant Arjun Singh has been made basis for F.I.R. of the case which, in brief, is that in the intervening night of 14/15 May, 1996 while he along with his nephew Sanjay Kumar Singh was sleeping at his door, at about 12.00 in the mid night he got up to ease and when came back on the cot, six miscreants arrived there, surrounded him and his nephew. One of them pointed towards Sanjay Kumar Singh and two pointed Rifle on him. They took Sanjay to make them known the way for village Bhitti. Informant was threatened to keep mum. Hari Narayan Singh, Hari Singh this appellant and Manoj Singh Yadav were flashing torch and they were identified also. Miscreants including this appellant proceeded towards north along with Sanjay Singh with threatening to the informant to make no alarm otherwise they would kill Sanjay Kumar.

(2.) It is further stated that there was enmity in between the informant and Hari Narayan Singh on the point of flowing of drainage water and killing of Sanjay was suspected. In course of investigation Sanjay Kumar Singh P.W.10 appeared before Nuaon Police Station, same was informed to Kaimur Police Station. His (victim s) statement was recorded by Kaimur Police in which he stated about his abduction and his keeping in a house in another village. On the next day he led the Police to that house which was of one Bechan Dhobi.

(3.) Trial ended in conviction and sentence to this accused appellant and Bechan Dhobi for the offence under section 365 of the Indian Penal Code.