BRAHMANAND RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant has impugned the judgment of conviction and order of sentence dated 17.9.2007 passed by the learned Additional Sessions Judge, F.T.C. No. 5, Samastipur in Sessions Trial No. 502 of 2006 / 497 of 2006 whereby out of ten accused, the appellant was found guilty for the offence under sections 364A and 120 B of the Indian Penal Code and he was sentenced to undergo rigorous imprisonment for life on both counts. He was further sentenced to pay a fine of Rs. 5,000/- for offence under section 364 A of the Indian Penal Code and the fine deposited was ordered to be given to the victim Saraswati Chand @ Hariballabh Rai.

(2.) INFORMANT of the case in his written report (Ext. 2) addressed to the Officer Incharge Dalsinghsarai Police Station, District Samastipur reported that his son Sarswati Chand @ Hariballabh on 23.5.2003 set off from his house at 11.30 AM on his bicycle. He parked his bicycle in the house of Subashchandra Prasad and thereafter, he proceeded with his Development Officer working in L.I.C. through a motorcycle. He remained in the office till 4.00 PM and thereafter, proceeded for Dalsinghsarai Station. Thereafter, he remained traceless. On 27.5.2003 the informant received a call upon his telephone 225274 at 5.30 AM through which demand of rupees six lacs was made. The informant who was working as Head of Department of Hindi in Baliram Bhagat College, Samastipur, reported the matter which resulted into registration of First Information Report vide Dalsinghsarai P.S. Case No. 82 dated 28.5.2003 under section 364 A of the Indian Penal Code against unknown and investigation was started. In course of investigation the victim was recovered by the Police on 2.6.2003. His statement under section 161 Cr.P.C. was recorded and on the next day i.e. on 3.6.2003 his statement under section 164 Cr.P.C. was recorded. After taking the statement of witnesses and after observing all paraphernalia of the investigation, charge sheet was submitted. Accordingly, cognizance was taken and the case was committed to the Court of Sessions where charge was framed against altogether ten accused persons including the appellant. Accused Bikash Kumar Singh @ Bikash Rai was charged under section 120 B of the Indian Penal Code on 31.8.2006, whereas, accused persons, namely, Shekhar Rai, Baskur Jha @ Gajednra Jha, Tun Tun Rai, Birbal Das, Binod Kumar Rai, Brahmanand Rai, Binod Rai, Bablu Thakur and Saroj Rai were charged under sections 364 A and 120 B of the Indian Penal Code on 23.8.2006. The accused persons pleaded innocence and trial proceeded.

(3.) PW 2 is also not a witness to the occurrence and he has not named anybody. Similar is the evidence of PW 3. The mother of the victim though has supported the factum of abduction but has expressed ignorance about any abductor.