AMIR CHAND RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE solitary appellant Amirchand Ram sets up a challenge to the judgment of conviction and order of sentence respectively dated 13.03.2009 and 18.03.2009 passed by the learned Presiding Officer of Fast Track Court -II, Kaimur at Bhabua in Sessions Trial No.37 of 2005/50 of 2005 by which he was held guilty of committing offences under Sections 364A and 368 of the Indian Penal Code and after being heard on sentence was directed to suffer rigorous imprisonment for life under Section 364A Indian Penal Code. The learned trial Judge did not pass any sentence under section 368 of the Indian Penal Code.

(2.) THERE is no dispute that P.W.7 Shiv Shankar Shah was sleeping with his grandfather P.W.2 Jhuri Sah as also P.W.3 Surendra Pasi in the pump house belonging to P.W.2 Jhuri Sah, the informant of the case. It is also not disputed that P.W.7 Shiv Shankar Shah was kidnapped by six persons for ransom. It also appears from the record that P.W.7 Shiv Shankar Shah was either kidnapped or released from the captivity of his captors.

(3.) IT was alleged by P.W.2 Jhuri Sah in his fardbeyan that two persons entered inside his pump house by pushing in the bamboo door which had been put on it and asked P.W.2 to show the way. P.W.2 was yet to respond when the criminals picked up P.W.7 Shiv Shankar Shah and pulled him out of the Chamber and when P.W.2 objected to he was pushed and shoveled. He was also threatened not to make any hue and cry, else was to be shot dead. P.W.3 still attempted to resist the taking away of his grand P.W.7 Shiv Shankar Shah which resulted again into his shoveling and pushing down by the criminals. P.W.2 raised alarms but the six criminals succeeded in taking away P.W.7 Shiv Shankar Shah.