VIJAY SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE appeals arise out of the common judgment passed in Sessions Trial No. 73 of 1998/ 381 of 1998 from Mushrigharari P.S. Case No. 42 of 1997 under Sections 364, 320, 201 and 120B of the Indian Penal Code, wherein and whereunder, the learned Additional Sessions Judge, Samastipur convicted accused -appellant Siya Ram Sah and Anil Kumar Rai under sections 364, 302 and 120B of the Indian Penal Code and further convicted accused Vijoy Sah and Sukhdeo Sah under Sections 302 and 120B of the Indian Penal Code and sentenced the accused -appellant Vijoy Sah and Sukhdeo Sah to undergo R.I. for life and further sentenced Anil Kumar Rai and Siya Ram Sah for rigorous imprisonment of life under sections 302 and 120B of the Indian Penal Code, sentenced both Anil Kumar Rai and Siya Ram Sah also to undergo rigorous imprisonment for ten years for the offence under section 364 of the Indian Penal Code. All the sentences were to run concurrently.

(2.) THE prosecution case is that on the basis of fardbeyan (Ext. 2) of Devendra Sah (P.W. 5) the case was registered against the accused persons named above. It is alleged that on 16.5.1997 at 10.30 PM Devendra Sah, the informant alongwith his younger brother Suresh Sah (deceased) were sitting at their Tea shop which was situated near flour mill at Rahimpur Radauli Chak. In the meantime, Suraj Sah went to purchase Ration articles from the grocery shop of Bhola Sah situated towards south. When Suraj Sah did not return, the informant Devendra Sah proceeded to find him out and saw his brother Suraj Sah (deceased) coming with a polythene bag containing ration articles. Suddenly a white coloured Maruti Van stopped near Suraj Sah from which two persons came out and caught hold of Suraj Sah and forced him to board the Maruti Van. The informant found the Maruti Van rushing towards north with high speed. The deceased Suraj Sah raised alarm, upon which the informant too started raising alarm and followed the Maruti Van alongwith others. The informant had identified accused Shyam Sah and Siya Ram Sah who had caught hold of Suraj Sah and used fear and force to compel him to enter into the Maruti Van. Other persons including the driver (accused Anil Kumar Rai) were also in the Maruti Van. The informant alongwith his villagers Surendra Sah, brother -in -law (Bahnoi) Shankar Sah who were sitting with others at his shop started chasing the Maruti Van and thereafter informed the town police, Samastipur orally.

(3.) IN this case Vijoy Sah, Siya Ram Sah and Sukhdeo Sah had been charged with offences under sections 364, 302, 201 and 120B of the Indian Penal Code. Similarly, accused Anil Kumar Rai, has also been charged with offences under sections 364, 302,201 and 120B of the Indian Penal Code.