DHARMENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal is directed against judgment, dated 11th October, 2012, passed, in Sessions Trial No. 409 of 2009, arising out of Raghunathpur Police station Case No. 67 of 2007, by learned 5th Ad -hoc Additional Sessions Judge, Siwan, convicting the appellant under Sections 364A and 395 of the Indian Penal Code and sentencing him to undergo imprisonment for life and rigorous imprisonment for ten years for his conviction under Sections 364A and 395 of the Indian Penal Code respectively with further direction to pay fine of Rs.1000/ - on each count and, in default of payment of fine, to undergo further imprisonment for one month.

(2.) THE prosecution's case, as made out in Fardbeyan of one Harendra Sah, S/o Radhe Kishan Sah, of village Gaijour Police station Andar, District Siwan, recorded by Sub inspector R. N. Singh, Raghunathpur Police Station, on 17.06.2007, at 00.15 AM, at the house of the informant's brother -in -law, Surendra Sah, in village Rajpur, Police station Raghunathpur, is, in short, as follows: - While serving in army, the informant, on 16.07.2007, came, alongwith his wife and children to the house of his in -laws at village Rajpur. In the evening of the fateful day, while they were sleeping on the roof of their house after taking food, his brother -in -law, Surendra Sah, along with his wife and children, proceeded to his in -laws' house at Sultanpur. At about 11:00 PM, all of a sudden, four miscreants, armed with country -made pistols, woke them up. The miscreants forcibly brought all the persons, who were sleeping on the roof, to the ground floor and coerced them to open the outer door. Soon thereafter, two of the accused, with their fire arms, entered into the said house and locked all the inmates in one room. Thereafter, the miscreants started looting household things. The accused persons were looking for informant's brother -in - law, Surendra Sah, and his son. The miscreants looted ornaments, clothes, watch, mobile phone, etc. and while retreating, the miscreants also kidnapped informant's five years old son, Akash Kumar. On hearing hulla, the neighbourers came, who opened the room, wherein the informant and the members of his family stood locked. Altogether there were eight miscreants, who were in the age group of 25 to 35 years. Some of them were lean, thin and tall; whereas others were of medium height. The miscreants were speaking mixed Bhojpuri and Hindi. Accused persons, in fact, had come to abduct informant's brother -in -law's son.

(3.) AT the trial, charges were framed under Sections 395 and 364A of the Indian Penal Code. To the charges so framed, the accused pleaded not guilty and claimed to be tried.