HARI SHAHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE seven appeals are directed against the judgment of conviction dated 12.06.2007 and order of sentence dated 15.06.2007, passed by 4th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 183/2003, whereunder the 7 appellants have been convicted for the offence punishable under Sections 120(B)/34, 364(A)/34, 302/34 and 201/34 of the Indian Penal Code with further direction to suffer rigorous imprisonment for life, 5 years under Sections 120 -B/34, 364 (A)/34, 302/34 and 201/34 I.P.C. respectively. They have also been directed to pay fine of Rs. 5,000/ - each for their conviction under Sections 364(A)/34, 302/34 I.P.C. In default of payment of fine, they have been directed to suffer simple imprisonment for one year. For their conviction under Section 201/34 I.P.C., these appellants have also been directed to pay fine of Rs. 2,000/ - each, in default of payment of fine to suffer simple imprisonment for 4 months. Appellants Awdhesh Thakur, Bhola Singh and Amod Singh have further been convicted for the offence under Sections 379, 411 of the Indian Penal Code and have been directed to suffer rigorous imprisonment for 2 years under both the counts. The sentences have, however, been directed to run concurrently.

(2.) THE prosecution case, as set out in the written report of Hari Shahi dated 1.2.2003 (Ext. 5), addressed to the Officer in Charge of Brahmpura Police Station, is that he is a resident of Rahul Nagar locality within Brahmpura P.S. in the district of Muzaffarpur. His nephew Raj Kumar Shahi @ Babloo, son of Shiv Shankar Shahi, resident of Sanjay Cinema Road within Brahmpura P.S. in the district of Muzaffarpur was enticed away yesterday i.e. 31.01.2003 around 5 P.M. on a rickshaw by his tenant Rajeev Kumar Singh, son of Kaushlendra Prasad Singh of Rampur, Sitamarhi on the pretext of opening account with Sahara India as his nephew served as Agent of Sahara India, who has not returned home so far. Hectic search was made to trace the victim but he was not found. It is being learnt about the tenant Rajeev Kumar Singh that his credentials are not good. Father of the victim is engaged in his business activity at Calcutta. In the penultimate paragraph of the written report Hari Shahi claimed that his nephew Raj Kumar Shahi @ Babloo has been enticed and abducted by his tenant Rajeev Kumar Singh for ransom. In the last paragraph of the written report, request was made to the Officer in Charge to take appropriate action in the matter.

(3.) DURING investigation, Investigating Officer arrested Arun Kumar Pandey, Deepak Kumar Shahi on 27.02.2003 and 1.5.2003 respectively and submitted charge -sheet dated 20.05.2003 for the offence under Sections 364(A), 120(B)/ 34 I.P.C. against Arun Kumar Pandey and Deepak Kumar Shahi (both acquitted during trial) citing (1) Hari Shahi (2) Shiv Shankar Shahi (3) Mukesh Shahi (4) Smt. Geeta Shahi (5) Satish Kumar Shahi (6) Ramakant Sukla @ Munna as witnesses keeping further investigation pending. The Investigating Officer arrested informant Hari Shahi on 25.06.2003 and submitted 2nd charge -sheet on 19.09.2003 for the offence under Sections 364(A), 120(B) I.P.C. against him citing (1) Shiv Shankar Shahi (2) Krishna Mohan Kumar (3) Ramakant Sukla @ Munna Sukla as witnesses. Investigating Officer then arrested Shailendra Rai @ Shailendra Singh and appellants Vishwaranjan Singh, Nandlal Sah @ Nandwa and Ajit Kumar Mishra on 13.08.2003, 17.09.2003, 20.10.2003 and 23.10.2003 respectively and submitted 3rd charge -sheet dated 20.11.2003 for the offence under Sections 364(A) 302, 201, 120(B) I.P.C. against Shailendra Rai @ Shailendra Singh (acquitted) and appellants Vishwaranjan Singh, Nandlal Sah @ Nandwa and Ajit Kumar Mishra after recovery of the dead body of Raj Kumar Shahi @ Babloo on 29.10.2003 citing (1) Shiv Shankar Shahi (2) Geeta Shahi (3) Puran Rai (4) Bharat Sah (5) Dr. Mumtaz Ahmad as witnesses. The 2nd Investigating Officer arrested appellants Bhola Singh, Awdhesh Thakur, Amod Singh on 7.2.2004, 7.2.2004 and 2.4.2004 respectively and submitted 4th charge -sheet on 4.5.2004 for the offence under Sections 364(A), 302, 201, 120(B) I.P.C. against Bhola Singh, Awdhesh Thakur, Amod Singh citing (1) Mukesh Shahi (2) Sandeep Kumar Shahi (3) Raghunath Shahi (4) Ram Naresh Shahi and (5) Saroj Kumar as witnesses.