NIRAJ KUMAR MISHRA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) This appeal arises out of judgment and order of conviction dated 17.01.2014 and 20.01.2014 passed by Sri Yogesh Narain Singh, the learned Ad -hoc Additional District & Sessions Judge -II, Khagaria, in Sessions Trial No. 400 of 2010/T.R. No. 18 of 2013 by which the appellant had been convicted for offence under Sec. 364 of Indian Penal Code and sentenced to undergo imprisonment for ten years and payment of fine of Rs. 10,000/ - and in non -payment of fine to undergo further imprisonment for six months.

(3.) The prosecution case as alleged in the First Information Report by the informant Md. Azam P.W. 4 that on 13.07.2010 at 12.00 noon he along with his friend Sabbir Alam were going for servicing of motorcycle new Yamaha YBR to Kothia Railway Dhala and when they reached Kothia Dhala near Muffasil P.S. Khagaria where Niraj Kumar Mishra, Shwet Kumar Mahto, Amarjeet Sharma along with two other boys were standing. Shwet Kumar Mahto and Niraj Kumar Mishra both asked to stop, then friend of the informant Sabbir Alam stopped the motorcycle. Thereafter, Shwet Kumar Mahto asked for lift till Bhadas village. Thereafter, the informant and Sabbir Alam along two boys which includes Niraj Kumar Mishra got seated on the motorcycle and when they reached Bhadas village, both were asked to lift them further ahead of Bhadas village on which Sabbir turn his motorcycle back and refused to go further ahead. In the meantime, three persons coming on a Rajdoot motorcycle which includes Shwet Kumar Mehta, Amarjeet Sharma and one unknown person started assaulted the informant and his friend Sabbir Alam and snatched Rs. 5000/ -, Nokia mobile from the possession of the informant and snatched Rs. 500/ -, mobile and key of motorcycle from the possession of Sabbir Alam. Thereafter, Niraj Kumar Sahani started motorcycle of the friend of the informant and got seated the informant and in the back of the informant, Niraj Kumar Mishra seated in the aforesaid motorcycle and in the second motorcycle they got seated Sabbir Alam the friend of the informant as well as Shwet Kumar Mahto, Amarjeet Sharma and one unknown person seated in the aforesaid motorcycle and they started motorcycle and went to Alali Bahihar. There the informant and his friend stayed an hour. Thereafter, Shwet Kumar Sharma talks with some one in secrecy. Thereafter, Niraj Kumar Mishra got seated the informant in the motorcycle and in the back Niraj Kumar Mishra and one unknown boy got seated in the aforesaid motorcycle. Thereafter, Amarjeet Sharma started Rajdoot motorcycle and in the motorcycle Shwet Kumar Mahto and Sabir seated in the aforesaid motorcycle. Further case is that accused persons were demanded money. Further case is that since the Rajdoot motorcycle was proceeded ahead and taken the road of Khodabandpur Rosera and taking the informant by Niraj Kumar Sahani and proceeded towards Garhpura P.S. Further case is that Niraj Kumar Sahani talked with Amarjeet Sharma and they turned and to reach near the village of Dharmpur and in the way to save a child, the motorcycle turns down causing injury in left leg of the informant by which blood oozing out. Further case is that in the meantime, police party reached there and informant cried on top of his voice that he has been kidnapped. One boy managed to flee away and Niraj Kumar Mishra and Niraj Kumar Sahani were caught hold by the police. On further enquiry, they disclosed that in the Rajdoot motorcycle Amarjeet Sharma and Shwet Kumar Mahto and other kidnapper flee away by another way.