ANIL MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant is convicted for the offence under Section 364-A of the Penal Code. He has filed this appeal assailing the Judgment/Order dated 24.07.2014/01.08.2014 passed by Ad hoc Additional District and Sessions Judge-I, Bettiah, West Champaran, in Sessions Trial No. 66 of 2007, arising out of Nautan P.S. Case No. 379 of 2004, whereunder the sole appellant has been convicted for the offence under Section 364-A of the Penal Code and directed to suffer imprisonment for life and also to pay fine of Rs. 10,000/-, in the event of non payment of fine to further suffer six months imprisonment.

(2.) Prosecution case as set out in the written report (Ext. 3) of informant Vishwanath Sahni (P.W. 5) addressed to the Officer Incharge Nautan P.S., District-East Champaran, that he is resident of village-Khap, Tola-Nautan, P.S. Nautan, District-Wast Champaran. His son Rajesh Sahni (P.W. 6) aged 30 years had gone to Muzaffarpur to purchase cloths. Having purchased cloths he returned to Bettiah Railway Station by train at 02.00 A.M. and went to Fancy Mela Ground, Rajdyodhi to see theater but disappeared from Mela ground and he did not return to the shop at Nautan until the submission of the report and ransom call has been received on his Mobile No. 9835471735 asking the informant to pay Rs. 10,00,000/-. Informant further asserted in the written report that his son (P.W. 6) has been abducted. In the light of the written report (Ext. 3) aforesaid Nautan P.S. Case has been registered.

(3.) From Perusal of the written report (Ext. 3), however, it appears that the Chief Judicial Magistrate, Bettiah, perused the same on 29.11.2004. From the written report, it further appears that the investigation of the case was taken up by the Officer Incharge, Nautan P.S. Sri Sanjeet Kumar Sinha (not examined). Chargesheet, however, was submitted by his successor Randhir Kumar Singh (not examined) in the present case. Randhir Kumar Singh, submitted first chargesheet on 25.11.2004 against Manoj Paswan and subsequent chargesheet dated 07.02.2006 against the present appellant.