RAJU KUMAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Section 366 and 376 Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of seven years under both counts by a Judgment and order of conviction dated 9.1.2002 passed by the Presiding Officer, Additional Court, Samastipur, in Sessions Trial No. 81 of 1996/25 of 2001.

(2.) The case of the Prosecution according to the Informant Jai Narain Rai is that in his absence, Dr. Jagdish Prasad Rai, his son Ranjan Kumar Rai and Niranjan Kumar Rai came to the Informant s house and started searching him but on not finding him there, they scattered his household articles. Some witnesses saw this occurrence. The reason for the occurrence was that his wife Shail Devi went missing from his house since 6.5.1995 in course of which it is learnt that Raju Kumar Rai, son of Dr. Jagdip Pd. Rai had eloped with her few days back, even through, knowing that she was married to the Informant. A Panchayti was held in this regard, but instead the accused persons acted in a high handed manner and committed this occurrence.

(3.) The Prosecution in all examined five witnesses whereas the Defence also produced three witnesses.