DIPAK KUMAR @ KESHO Vs. STATE OF BIHAR

JUDGEMENT

(1.) (Oral) - These three appeals arise out of Judgment/Order dated 12.02.2013/16.02.2013 passed by Additional Sessions Judge-II, Patna, in Sessions Trial No. 814 of 2010, where under the appellants of each of the aforesaid appeals have been convicted for the offence under Sec. 364A read with 34 of the Penal Code and sentenced to rigorous imprisonment for life with further direction to pay fine of Rs. 25,000.00 each, in the event of failure to pay the fine, to suffer simple imprisonment for further four months.

(2.) Prosecution case as set out in the written report (Ext.2) of P.W.6, Sankalp Tak, is that he is resident of A-304, Fair Laxmi Industrial Estate, New Link Road, Andheri (west), Mumbai (Maharastra) and is engaged in business of Dubbing Picture Serial at his office at Patliputra CHS 102/5D-Osiwara Bus Depot, Jogeshwari, Mumbai. Brij Tak, father of informant, had come to Patna on 19.05.2009 to meet one Mr. Sinha in connection with picture dubbing, as Mr. Sinha had asked him from Patna to prepare a documentary film in connection with the Indian Railway at Hajipur. It is further stated in the written report that father of the informant left for Patna by the morning flight at 8 A.M. Having reached telephonically informed his mother at home that he has reached Patna Airport and Sinha has sent a vehicle in which he is proceeding with his man. No further call was received from his father until evening as such informant was attempting to contact him but the call did not materialise. Informant however spoke to Sinha at about 3.30 P.M. who informed him that his father has arrived there where after his mobile also got switched off. It is further stated in the written report that informant's father was to return to Mumbai on 20.05.2009 by Kingfisher flight at 7 P.M. Sinha made call to the informant on 20.05.2009 at 7 P.M. from call no. 09507378252 that his father has suddenly fallen ill and has gone to Ranchi for treatment with his friend where he is admitted. The informant further asked Sinha to connect him to his father but Sinha refused and said that talk shall be arranged on 21.05.2009 at 10 A.M. The informant however asserted that if he is not allowed to talk to his father he will make complaint to the Police. Sinha thereafter disconnected. Informant again tried to connect to the aforesaid mobile number but Sinha handed over the mobile phone to some other person, who asked the informant not to report to the Police and further said that if his work is over within two days his father will return otherwise he may not be traced and since thereafter the mobile of Sinha is again switched off and informant could not contact his father. Aforesaid written report was forwarded by Osiwara Police Station to the Superintendent of Police (City), Patna through FAX No. 26379334 dated 21.05.2009 and was received at 4.25 P.M. Superintendent of Police (City), Patna, having received the FAX massage forwarded the same to the Officer-in-charge, Airport (Hawaiadda) Police Station with instruction to institute a case. In the light of the FAX massage forwarded by the Superintendent of Police (City), Patna, Officer-in-charge, Airport (Hawaiadda) Police Station, S.I. Nirmal Kumar Yadvendu registered Airport (Hawaiadda) P.S. Case No. 34 of 2009 dated 21.05.2009 in accused column no. 7 of the F.I.R. Mobile No. 09507378252, Mr. Sinha is mentioned.

(3.) In the light of the contents of the aforesaid written report/F.I.R., S.H.O of Airport (Hawaiadda) Police Station proceed with the investigation and claims to have recovered the victim, P.W.4 on 29.05.2009 from railway compartment or a train going to Gorakhpur at Motihari Railway Station, the victim was thereafter examined under Sections 161 and 164 of the Cr.P.C on 29.05.2009. In the light of the statement of the victim as also the statement of informant recorded on telephone and also the police statement of P.W.1 Ravindra Kumar, P.W.2 Raj Kumar, P.W.3 Ravi Rajesh, relative of the victim. P.W.5, Rajeev Dongra, the brother-in-law of the victim, P.W.7, Ashwani Kumar Satpathy, staff of the victim submitted charge sheet no. 65 of 2009 against the three appellants and one Gobind Kumar on 25.08.2009 for the offence under Sec. 364A, 34 of the Penal Code keeping the investigation pending against Santu Singh @ Santu, Umashankar, Raju Choudhary, Amar Kumar.