STATE OF BIHAR Vs. SHASHIDHAR YADAV

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) Present Government Appeal has been filed assailing the impugned judgment dtd. 7/5/2014 passed by Ad hoc Additional District and Sessions Judge, Naugachia in Sessions Trial No. 55 of 2009 whereunder sole respondent has been acquitted of the charge under Sec. 364 of the Indian Penal Code.

(3.) It appears, Sita Devi, informant, wife of Mahendra Mandal, victim lodged her fardbeyan before Officer-in-charge, Kadwa O.P. on 22/4/1999 at 9:30 P.M. that in the same evening between 7:00 - 8:00 P.M. her husband was milking the cow, 15 - 20 unknown miscreants came variously armed and forcibly abducted her husband and while assaulting him took him towards reverine area of the Patna High Court G. APP. (DB) No.1 of 2015 dt.21/1/2015 village. In the fardbeyan itself, she expressed suspicion against the respondent as three days prior thereto he and others had come to her house asking the husband of the informant to return the land purchased from his brother, Jyotish Yadav and in case the same is not returned, he may be abducted.