PAWAN TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned A.P.P. for the State.

(2.) The present criminal appeal has been preferred against the judgment of conviction dtd. 22/11/2016 and the order of sentence dtd. 2/12/2016, passed by Sri Birendra Kumar Mishra, Xth Additional Sessions Judge, Saran, Chapra in Sessions Trial No. 786/2011, arising out of Rasulpur P.S. case No. 60/2011, whereby and whereunder the appellant has been convicted for the offence under Ss. 302 and 201 of the Indian Penal Code and sentenced to life imprisonment and a fine of Rs.5000.00 under Sec. 302 of the Indian Penal Code, and five years rigorous imprisonment and a fine of Rs.3,000.00 under Sec. 201 of the Indian Penal Code, and in default of payment of fine, the appellant has been directed to undergo additional rigorous imprisonment of two years and one year under Ss. 302 and 201 respectively of the Indian Penal Code. It was further directed that the sentences so imposed shall run concurrently.

(3.) The prosecution case, as per the written report of the informant, is that the informant is resident of village Rasulpur. On 10/6/2011, the informant's son was sitting at his shop, around 11 a.m., the appellant, of the same village, came to the shop of informant and took his son along with him for some work. After three hours, when the informant's son did not return then the informant called his son on his mobile but it was found switched off. The informant further stated that at 8.00 p.m., he met with the appellant and asked about his son, on which he told that he got back his son from Asahni and left him near Machhlihatta. Thereafter, the appellant refused to say anything. The informant suspected that after calling his son, the appellant got him kidnapped.