SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is a case of kidnapping of a 12 year old boy. But for the timely action of the Police anything could have happened to him.

(2.) SUJEET Kumar Singh of Village Ghenghta within Chapra Mufassil PS of Saran district was a student of Sadhu Lal Prithvichand High School, Karimchak, Chapra. In the evening he used to take lessons in Taikwando. On 8.11.95, as usual, he left for the school at 9.30 AM but did not return home till 6.30 PM. He usually returned by 5.30 PM. The members of the family started making search. His Uncle Capt. Sheoji Prasad met the Taikwando teacher, Md. Kaiser, at Chhota Telpa. He informed him that in the evening at about 4.30 PM he was seen near Giritola temple along with an unknown person in yellow shirt. Guddu alias Ganpat Kumar Singh, a co -villager and fellow student of the said School, informed him that Om Prakash Singh wearing yellow shirt had taken Sujeet Kumar Singh on a bicycle towards Suraj Mahal on the east of the school. When Guddu asked him to come along Sujeet stated that he would return after dropping Om -Prakash at Katharibag Mahabir Temple. Sujeet however did not return and he (Guddu) left the place. Sheoji Prasad thereafter contacted father of Om Prakash, namely, Bikrama Singh and they together started making search. In course of search they went to the house of a friend of Om Prakash (appellant Musa Rai) at Bara Telpa but could not find him there. However Vinay Ram who was present there informed him that Om Prakash Singh and Pintu Singh had arranged a Maruti Van for visiting Sonepur fair. On the basis of said information Sheoji Prasad contacted Awadhesh Kumar Singh, driver of the Maruti van. He informed that on 8.11.95 the Maruti van bearing registration no. BR 16B 1795 had been hired for three hundred rupees besides cost of petrol, for visiting Sonepur fair. The vehicle was booked by Om Prakash Singh and Pintu Singh. They first went to the house of appellant Shankar Singh. They took besides Shankar Singh one of his friend Srikant Singh in the vehicle and came to Chapra. At Chapra Shankar Singh and his friend went to jail to meet some friend there. Thereafter Om Prakash left the vehicle. Another person wearing blue shirt and black trouser joined the group. The vehicle thereafter went towards east at 4.30 PM. He was asked to stop the vehicle near Mahabir temple at Katharibag. After some time Om Prakash Singh came with a boy of 12 years on bicycle. The description of the boy tallied with his nephew Sujeet Kumar. Awadhesh informed that aforementioned persons wanted the boy to enter the vehicle but he did not agree and said that he will go home on his bicycle. Om Prakash thereafter took the boy towards east. At the instance of Pintu Singh, he (Awadhesh Singh) followed them in the maruti van. After they came on the Chapra Sonepur road and reached the Aerodrom gate he stopped the vehicle at the instance of the occupants. At that time it was 5.15 PM. The boy was forced to enter the van. The person in blue shirt and black trouser got down, took the bicycle and went away. Thereafter Awadhesh Singh took the vehicle to a place near Bara Gopal Station, dropped the occupants and after realising money returned home.

(3.) AT the trial which followed the prosecution examined 12 witnesses to prove its case. The witnesses amongst others are Guddu aiias Ganpat Kumar Singh who was examined as PW 1, Awadhesh Kumar Singh examined as PW 3, Janardan Singh and Anil Kumar examined as PWs. 8 and 9. The informant, Capt. Sheoji Prasad, was examined as PW 10 while the victim boy Sujeet Kumar was examined as PW 6. The Magistrate who conducted the T.I. parade namely Sri Arun Kumar Chaturvedi was examined as PW 2 while the Investigating Officer, SI Amar Nath Tiwari was examined as PW 11. Other witnesses examined include PW 4 Mani Lal Prasad from whose shop the cycle of the victim boy was recovered and PW 5 Shailesh Kumar owner of the maruti van, who turned hostile. The appellants did not examine any witness in their defence. At the end of the trial the appellants were convicted under Section 364 A of the Penal Code and sentenced to imprisonment for life and fine of Rs, 1000/ - each in default whereof rigorous imprisonment for one year. Appellant Jitendra Rai alias Musa Rai was also convicted under Section 379 of the Penal Code but no separate sentence was awarded to him thereunder.