MALA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeals have been filed under Sec. -372 of Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) by the appellants challenging the judgment of conviction dtd. 28/2/2014 and order of sentence dtd. 5/3/2014, passed by Ad hoc Additional District and Sessions Judge-II, Khagaria, in connection with Sessions Trial No. 395 of 2010 (arising out of Khagaria Muffasil P.S. Case No. 118 of 2010) by which the appellants/convicts have been convicted for the offences under Sec. -302 read with 149 and 120B and 201 of I.P.C. and have been sentenced to undergo life imprisonment with a fine of Rs.10,000.00 (ten thousand) each for the offence under Sec. s- 302 read with 149 and 12B and 201 of I.P.C. and rigorous imprisonment for three years each for the offence under Sec. -201 of I.P.C. In the event of default in payment of fine, they will have to further undergo 6 months simple imprisonment each. All the sentences have been directed to run concurrently and the period of custody shall be treated as period undergone.

(2.) The brief facts leading to the filing of the present appeal are as under: "On 16/4/2010 at about 12:00 at night, a call was received on the mobile phone of Prashant Kumar, brother of the informant, but thereafter when he left the house could not be noticed by the family members and he has not return. At that time Prashant Kumar was sleeping on the platform (Chabutara) of Kishore Sah among so many children. The family members are in hectic search of his whereabouts since early morning. The mobile phone on which call was received is switched off. The informant along with his family members and acquaintances made hectic search of his brother Prashant Kumar, but to no avail. The informant apprehends that Prashant Kumar has been abducted by unknown miscreants."

(3.) After filing of the F.I.R., the investigating agency carried out the investigation and, during the course of investigation, the Investigating Officer recorded the statement of the witnesses and collected the relevant documents and thereafter filed the charge-sheet against the accused. As the case was exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions where it was registered as Sessions Trial No. 395 of 2010.