MAHMUDAL HASSAN @ MAHMUDUL HASSAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant, Mahmudal Hassan @ Mahmudul Hassan who has been found guilty for an offence punishable under Sections 365 of the IPC vide judgment dated 26.11.2013 and sentenced to undergo RI for five years as well as also fined of Rs. 5,000/ - in default thereof, to undergo SI for three months additionally vide order dated 29.11.2013 by Additional Sessions Judge, Kishanganj in Sessions Trial No. 961/2008/127/2009, challenged the same under present appeal.

(2.) PW -10, Birendra Jaiswal had filed a written report on 05.05.2008 disclosing thereunder that his wife Rina Jaiswal aged about 32 years who was unwell for the last some time, had slipped away from her house on 28.04.2008 at about 5:00 p.m. as disclosed by his daughter, Priya Jaiswal when the informant came from his shop and just after receiving this information, he started searching his missing wife but in vain. On the following day also, he went in search of his wife but again he failed to trace her out, ultimately, information was given to Kishanganj Police Station whereupon a Sanha was recorded. However, he continued his effort and during course thereof, when he reached at village -Majhia on 30.04.2008 where, after showing photograph of his wife enquired from villagers. Villagers disclosed that they had seen the aforesaid woman in the night of 28.04.2008 seeing whom mob assembled including Md. Yasin, Md. Zahid, Kasim and appellant, Mahmudul Hassan who on their own pretext disclosed that either they, after locating the residence of the victim, would carry her to residence or would produce her to the Kishanganj Police Station and Yasin took her on his motorcycle followed by others. Because of the fact that Mahmudul Hassan was residing as a tenant near about his house, therefore, he had disclosed the aforesaid information to the residents of Dharamgarh whereupon a Panchayati was convened on 01.05.2008. wherein Mahmudul Hassan participated and confessed his guilt and further disclosed that he along with Md. Yasin, Md. Zahid, Md. Kasim have enticed away his wife, Rina Jaiswal. He also undertook to produce Rina on 04.05.2008. When he failed to produce Rina Jaiswal, then thereafter, the written information was filed.

(3.) AFTER registration of the case bearing Kishanganj P.S. Case No. 113/2008, the investigation commenced and concluded by way of submission of charge -sheet against four accused including the appellant whereupon trial commenced and concluded by way of acquitting the remaining while convicting and sentencing the appellant in a manner as indicated above. Hence, this appeal.