SUBAS GIRI & ANR. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Instant appeal has been filed by the appellants/convicts, Subash Giri and Ram Nath Giri against the judgment of conviction and sentence dated 03.01.2002 passed by Presiding Officer, 1st Additional Sessions Judge-FTC, Siwan in Sessions Trial No. 245/88/112/2001 holding both the appellants guilty for an offence punishable under Sections 307 Penal Code and directed each of them to undergo RI for three years as well as fined appertaining to Rs. 1000.00 in default thereof, to undergo RI for six months, additionally.

(2.) Phoolmati Devi wife of Sheoji Giri filed a written report on 14.02.1984 alleging inter alia that her husband Sheoji Giri was a priest and was doing worship at Aasan Temple for the last 4-5 years. He happens to be missing from the aforesaid temple since 15 days. The aforesaid information was conveyed by one Jogendra Singh who came at her home in search of her husband Sheoji Giri whereupon she disclosed that her husband has not come to her. Then Jogendra Singh disclosed that Om Prakash Giri of village-Nagai along with one unknown person took away Sheoji Giri and since thereafter, Sheoji Giri did not return. They have taken away on the pretext of Baraichha of his sisters son. On this information, she also began to search her husband hither and thither and during course thereof, she had informed her father. As her father did not come, she proceeded to her Naiher along with her children. In the way near Ghur Ghat orchard, she met with Subas Giri and Ram Nath Giri, her co-villagers who inquired her regarding destination. She disclosed the event whereupon they both disclosed that they have kept him (Sheoji) at the place of their maternal uncle. Accordingly, she accompanied both of them. When they reached at Gyaspur Ghat, they crossed the river on boat. So many persons were there. After crossing the river, they all got down from the boat. The other travellers proceeded towards their destination while she stayed and during course thereof, Subas Giri and Ram Nath Giri snatched her son aged about 11/2 years and threw him into the water. She raised alarm, over which, people present in the surrounding rushed. Ram Nath Giri succeeded in his escape while Subas Giri was caught hold who was also assaulted. After taking out her son from water, she was directed to return back and accordingly, she came back to her village on a rickshaw arranged by them. She had further disclosed that Jogendra Singh had informed regarding missing of her husband about four days ago.

(3.) On the basis of the aforesaid written report, Siswan PS Case no. 8/84 was registered under Sections 364, 307 of the Penal Code where under charge-sheet was also submitted and after cognizance, the case was committed to the court of sessions where trial commenced and culminated in acquittal of co-accused, Om Prakash Bharti as well as acquittal of these two appellants under Sec. 364 IPC, however, have been convicted and sentenced for an offence punishable under Sections 307 IPC, hence this appeal.