CHHEDI MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is against the judgment dated 8.12.2000 and order dated 21.12.2000 passed by the 3rd Additional District & Sessions Judge, Bhagalpur, in Sessions Trial No. 618 of 1998 convicting and sentencing both the appellants to undergo imprisonment for life under Section 364 of the Indian Penal Code.

(2.) Briefly stated, case of prosecution is that on 13.12.1996 at about 4.30 p.m. both the appellants along with co-accused Satna Mandal came to the house of informant Radha Devi (PW 4) where informant was with her mother Kusma Devi, her elder sister Madho Devi (PW 5) and her brother Shankar Mandal (not examined). Appellants and Satna Mandal caught hold of mother of informant and started assaulting her and took her to the bank of Ganga river where they put her on the boat of Satna Mandal and took her on the other bank of river. Informant, her brother and sister tried to rescue their mother but appellants and Satna Mandal pushed them and assaulting their mother took her on the other side of the river and there also they put their mother on a small boat and through the main stream of river went towards north. Informant, her brother and sister raised alarm but nobody from their Mohalla came for their help and thereafter, informant informed the Barari Police by telephone and police immediately reached and made search for the mother of informant. The fardbeyan of informant was recorded on the same day at about 8 p.m. by S.I. Surendra Choudhary (PW 7). About the motive .of occurrence informant in her fardbeyan has stated that prior to occurrence daughter of Satna Mandal, aged about 1-1/2 years had died and since then appellants and Satna Mandal were saying that mother of informant was a witch and was responsible for the death of daughter of Satna Mandal. Informant in her fardbeyan apprehended that in order to commit murder of her mother appellants and Satna Mandal forcibly abducted her mother and took her across the river on a boat. A case under Section 364, IPC was registered against the appellants and Satna Mandal and after investigation chargesheet against them was submitted. Cognizance of the case was taken and the case was committed to the Court of Session. Satna Mandal died before the case was taken up for hearing on charge matter and therefore, charge under Section 364, IPC was framed against both the. appellants who, after trial, were found guilty and were convicted and sentenced to undergo imprisonment for life.

(3.) The case of appellants, as it appears from the evidence or two witnesses examined on their behalf and trend of cross- examination of prosecution witnesses is of complete denial of charge and their false implication.