GHANSHYAM PANJIYAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant in this appeal has been convicted under Sections 363 and 364 off the Indian Penal Code. For the offence under Section 364 of the Penal Code he has been awarded sentence of imprisonment for life. No separate sentence has been awarded under Section 363 of the Penal Code.

(2.) On 31.7.1990 Jugal Kishore Mahtha (hereinafter referred to as 'the informant'), resident of Gandhi Chauk Baluwa Chatti, Madhubani lodged written report at the Madhubani Police Station stating that his daughters, Rekha Kumari, Sulekha Kumari and, Sunaina Kumari were students of Primary School, Gandhi Chauk, Madhubani. A day earlier on 30.7.1990 they went to the school to attend the classes. Rekha did not return from the school. Sulekha and Sunaina informed him that Ghanshyam Panjiar i.e. the appellant herein, had taken Rekha Kumari to Suri School. The informant went to meet the appellant in the lodge where he lived. He did not find him there. He came to know from his maternal uncle that the appellant along with a friend had gone to Janakpur - Kathmandu in Nepal. Thinking that Rekha Kumari had been kidnapped by the appellant he went to the police station and lodged the written report as aforesaid.

(3.) On the basis of the said report Madhubani PS Case No. 225/90 was registered and the investigation commenced at the end of which the police submitted charge-sheet against the appellant and he was thus put on trial. It is relevant to mention here that the case was initially committed to the Court of Session for trial under Section 366-A, IPC. The trial Court however, took the view that the facts made out a case under Section 363 of the Penal Code which is not exclusively triable by Court of session and accordingly he sent the records back for trial by the Chief Judicial Magistrate. The Chief Judicial Magistrate took up the trial and proceeded to examine witnesses. In course of examination of witnesses, application was filed on behalf of the prosecution to commit the case to the Court of Session as the evidence on record also disclosed commission of offence under Section 364 of the Penal Code. On 24.5.1995 the Chief Judicial Magistrate rejected the application. The prosecution went up to the Sessions Judge in revision (Cr. Rev. No. 724/95). By order dated 23.11.1995 the Sessions Judge, Madhubani set aside the said order of the Chief Judicial Magistrate dated 24.5.1995 directing him to pass a fresh order. The Sessions Judge observed that if the Chief Judicial Magistrate finds that on materials available on record, a case under Section 364, IPC is made out, he may pass order committing the case to the Court of Session. The case was thereafter committed to the Court of Session and the trial commenced before the Sessions Court.