SHAMBHU SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellant has been convicted under Section 364 I.P.C. and sentenced to R.I. for ten years by a judgment dated 3.12.2001 passed by the Fast Track Court No.1, Sitamarhi in Sessions Trial No.167 of 1994 and 319 of 1995/242 of 2001.

(2.) THE case of the prosecution according to the Informant is that on 21.6.1993 while his grand son Dinesh Sah was playing at his door, the grand son of accused Phulchand Sahni i.e. the Appellant asked him to accompany him to play. When by 3 0' clock Dinesh Sah did not return, the Informant went to the door of Phulchand Sahni to enquire about him. However, no male member was present there, so he returned home. After sometime he once again went to the house of Phulchand Sahni and found the Appellant present there. The Informant asked the Appellant about Dinesh Sah. Appellant told that after playing Dinesh Sah had also returned but he could not say as to where he had gone. They then started looking for the child but he could not be found. The Informant suspected the Appellant to have kidnapped the grandson for the purpose of murder.

(3.) P .W.1 Gultain Sah is the father of the victim boy Dinesh Sah. He corroborated his own son's version that his son was playing at his door, Shambhu Sahni, the son of Bijali Sahni, came there and took away the victim boy with him after which he did not return. When they went to look for him in the house of Bijali Sahni they found that no male member was there. He however met Bhagwat Sah on the way who told him that he had seen the victim boy accompanying the Appellant Shambhu Sahni, Phulchand Sahni, Shreet Sahni, Bijal Sahni and Preet Sahni. Later he saw that all the five named accused persons were present at the door. When he made enquiry from the Appellant, he said that Dinesh Sah had gone to play with him but from there where he had gone he did not know. It was suggested to him that he had falsely implicated the Appellant on account of some financial dispute between the parties.