PRAMOD KUMAR SHARMA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) By filing this appeal sole appellant Accused No. 2 in the trial has assailed judgment of conviction, order of sentence dated 01.05.2010 passed by 3rd Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 252/09, arising out of Kopa P.S. Case No. 38/08, whereunder sole appellant Accused No. 2 has been convicted for the offence under sections 302, 201, 363 of the Penal Code, sentenced to suffer imprisonment for life not less than 20 years with further direction to pay fine of Rs. 15,000/- as compensation, in default of payment of fine to further suffer Rigorous Imprisonment for six months. Under Sections 201, 363 of the Penal Code he has been directed to suffer imprisonment for 7, 2 years respectively. The sentences, however, have been directed to run concurrently.

(2.) Prosecution case, as set out in the fardbeyan of Hiralal Sharma, grandfather of the deceased child, recorded on 16.06.2008 at 11:00 A.M. in Village Rusi Bareja by Sub-Inspector Krishna Prakash, Officer-in-Charge, Kopa Police Station is that on 15.06.2008 Sunday, around 2:00 P.M. his grandson Vishal Kumar Sharma, aged about 7 years was enticed away by his nephew Pramod Kumar Sharma, Ram Lakhan Sharma son of Dadan Sharma, resident of Village Bara Karinga within Muffasil Police Station and his friend Anil Kumar Singh, son of Hare Ram Singh also resident of Bara Karinga on a bicycle stating that they shall return after visiting the market. The child did not return until evening whereafter informant searched for him but no trace of the child could be found until morning. While searching for the child informant noticed that Pramod Kumar Sharma, his mother Manorma Devi have disappeared from the village, whereafter informant and others went to Village Karinga, learnt that the aforesaid three persons had come to the village in the evening but again disappeared. On account of disappearance of the aforesaid three persons from the village informant concluded that they by hatching a conspiracy abducted the child with intention to kill him and has thrown his dead body somewhere. In the fardbeyan informant also stated about the motive behind the occurrence that Pramod Kumar Sharma is an unmarried reckless person always demanded money from him and on his refusal to pay threatened that he will put the informant, his family in trouble. In the bottom of the fardbeyan informant also stated that he has been informed by the villagers that some of them had seen Pramod Kumar Sharma taking away his grandson. The informant having read the statement, understood the same put his signature over the fardbeyan in presence of his co-villager Vijay Kumar Sharma.

(3.) Officer-in-Charge, Kopa Police Station having scribed the fardbeyan returned to the Police Station, registered Kopa P.S. Case No. 38/08 further stating that he has already taken over its investigation.