RAM BALI SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Shri Vivekanand Singh, the learned Advocate for the appellant and Mr. Ajay Mishra, the learned APP for the State.

(2.) The appellant has been convicted under Sec. 364 (A) and 323 of the I.P.C. vide Judgment dtd. 28/2/2019 passed by the learned Additional Sessions Judge 6 th Samastipur in Sessions Trial No. 744 of 2007 and by order dtd. 7/3/2019, he has been sentenced to undergo R.I. for life, to pay a fine of Rs.10,000.00 and in default of payment of Patna High Court CR. APP (DB) No.386 of 2019 dt.2/8/2023 fine to further suffer imprisonment for six months for the offence under Sec. 364 (A) of the I.P.C. and simple imprisonment for one year for the offence under Sec. 323 of the I.P.C. He has also been convicted under Sec. 27 of the Arms Act for which he has been sentenced to undergo R.I. for 3 years. The sentences have been ordered to run concurrently.

(3.) One Tajendra Verma, a 15 year old boy was kidnapped in the night intervening between 4th and 5th of May 2001 from his house. He is said to have come back to his home on his own after five days. His father/Narendra Verma is the informant of this case who has alleged that in the night intervening between 4th and 5th of May 2001, his neighbour Suresh Verma knocked and told that his mother is calling the informant. Though the informant was reluctant to open the door on the asking of the neighbour/Suresh Verma, but the mother of the victim, who was sleeping in the house, opened the door. It has been alleged in the F.I.R. that about 15 to 20 miscreants entered the house and caught hold of the informant and his brother. The son of the informant, who is the victim of Patna High Court CR. APP (DB) No.386 of 2019 dt.2/8/2023 this case, hid himself behind the firewood stacked on the roof of his uncle but two of the miscreants could locate him in the torchlight. No sooner was the son of the informant taken into custody by the miscreants, the informant and his brother were let free. The victim, thereafter, was taken to some distance but the informant did not know where exactly was his son taken.