NARESH MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) -This criminal appeal is directed against judgment and order dated 8.8.2001 passed by Shri Sarweshwar Nath, llnd Additional Sessions Judge, Katihar, in Sessions Case No. 38/99 arising out of Barari P. S. case no. 47/98, whereby and whereunder learned trial court found and held both the appellants guilty for the offences under Sections 363, 365, 302/34 and 201 I.P.C. and convicted them thereunder and sentenced them to undergo rigorous imprisonment for life under Section 302/34 I.P.C., to undergo rigorous imprisonment for four years each under Sections 363 and 365 I.P.C. and rigorous imprisonment for two years under Section 201 I.P.C. Learned Additional Sessions Judge ordered that sentences shall run concurrently.

(2.) The prosecution story, in short is that since last one month there had been dispute between informant Rupan Singh (P.W. 3) and previous settlees Longendra Singh, Babloo Jha, Mahesh Singh (appellant no. 2), Naresh Mandal (appellant no. 1) and 5-6 others of Belwa betona jalkar relating to settlement of that jalkar. As per informant he had taken settlement of that jalkar this year in which he had 40% share. The informant had also deposited Rs. 5000/- with Deputy Director of Fisheries but the above persons wanted cent percent share of jalkar with them and stopped informant from fishing there which was objected by him. As per informant as he objected to, all the above named persons after consulting each other kidnapped informant's son Dabloo Singh aged 12 years in the evening at about 5 P.M. on 10.4.98 from cattle shed (Maweshi Bathan) situated behind the house of the informant. Informant's son was lame. The informant further stated that at the time of kidnapping he was not present at his house and his wife Sakuntala Devi (P.W. 4) who was at home informed informant when he came to his house that all the above named persons who were draining water with pumping set for fishing took away his son. The informant further disclosed that before 3-4 days Babloo Jha and Logendra Singh had threatened informant to leave claiming jalkar otherwise they would kill him and destroy him. The informant claimed that the above named persons with an intention to remove informant from settlement of jalkar kidnapped his son and prayed police for investigating the case and recover his son and punish guilty persons and take appropriate legal action.

(3.) On the basis of written report of informant Rupan Singh (RW. 3) Barari RS. Case No. 47/98 dated 11.4.98 under Sections 363 and 365 I.P.C. was instituted and investigation of the case was handed over to S.I. Abhay Kr. Singh (P.W. 7). Formal RI.R. (Ext. 5) was drawn against Logendra Singh, Mahesh Singh (appellant no. 2), Naresh Mandal (appellant no. 1) and Babloo Jha. Police after completion of investigation submitted chargesheet against Mahesh Singh (appellant no. 2) on 11.7.98 and continued investigation against other accused persons. On 23.7.98 police after completion of further investigation submitted chargesheet against Naresh Mandal (appellant no. 1), Logendra Singh, Jitu Singh, Godo Singh and Bimal Singh showing them absconder. On the basis of chargesheet cognizance against as many as six accused named Mahesh Singh, Naresh Mandal, Logendra Singh, Jitu Singh, Godo Singh and Bimal Singh was taken and later on case of all the above named accused persons were committed to the court of session vide order dated 29.1.99.