MAZHAR HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals arise out of the judg-ment and order dated 18/22.12.1999 passed by Additional Sessions Judge, VI, Aurangabad in Sessions Trial No. 95 of 1999 whereby the appellants have been convicted for the offence under Sections 364-A/34 of the Indian Penal Code and sentenced to undergo rigorous imprison-ment for life.

(2.) The case of the prosecution is that one Manoj Kumar Sinha, Assistant Station Master, Rafiganj, district Aurangabad gave his fardbeyan before the Officer Incharge Sone Nagar, Railway Police Station, Rafiganj on 20.3.1995 at about 11.30 a.m. that his Bhagna (sisters son). Roshan Kumar, son of Hriday Nandan Singh Pappu of village Jogapur, P.S. Sherghati district Gaya aged about 3-1/4 years and his mother, Nutan Sinha was living with him for about two months ago in quarter No. 5. On 19.3.1995 he was playing outside quarter No. 5/A. When he did not return to the quarters in the evening they started searching him but he could not be traced out. On 20.3.1995 in the morning also he started sear-ching. At about 8.30 a.m. one Jehangir Khan of village Nagwan Garh at present posted in the R.P.F. Rafiganj came and informed that Md. Majhar Hussain in village Jhiktia, police station Rafiganj had kidnapped Roshan Kumar and kept him in his house in the night. On 20.3.1995 in the morning Md. Majhar Hussain along with Md. Ashraf of village Jhiktia took the boy to village Veernama, the sasural of Md. Ashraf. On this infor-mation he, alongwith the officer incharge Dhanajay Singh and others went to village Veernama, P.S. Coach at about 10 a.m. and recovered the boy from the house of one Ghulam Rashool, father-in-law of Md. Ashraf. Ghulam Rasool disclosed that Mazhar and Ashraf kept the boy in his house saying that he is Bhagna of Mazhar Hussain and he would be taken to Hazaribagh. Seeing us, Mazhar Hussain and Md. Ashraf tried to run away. However, with the help of villagers they were caught. The accused persons disclosed before the people of the village that they had kidnapped the boy for ransom. The villagers knowing that they had kidnapped the small boy, assaulted them. However, they were saved.

(3.) On the aforesaid fardbeyan a formal First Information Report was drawn and investigation was taken up. On completion of investigation charge sheet was submitted against three persons i.e. appellants and one Ghulam Rasool. Cognizance was taken and the case was committed to the Court of Sessions for trial. The Trial Court acquitted Ghulam Rasool, however, convicted the appellants as indicated above.