MEENA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 18.6.2008 passed by the 9th Additional Sessions Judge, Patna, in Sessions Trial no.652 of 2003 by which the appellants were convicted under Sections 364, 302/34 and 201 of the Indian Penal Code. They were heard on the point of sentence on 21.6.2008 and were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.25,000/ - each and in default of payment of fine were directed to undergo five years rigorous imprisonment for committing the offence under Section 302/34 of the Indian Penal Code and they have also been sentenced to rigorous imprisonment for ten years under Section 364 of the Indian Penal Code and three years rigorous imprisonment for the Patna High Court CR. APP (DB) No.141 of 2009 dt.14 -05 -2015 offence punishable under Section 201 of the Indian Penal Code. However, all the sentences have been directed to run concurrently.

(2.) The prosecution case, in brief , is that Golu aged about four years, son of the informant Arun Kumar Singh (P.W.8), was found missing from 2 P.M. on 18.3.2002. The informant gave information to the Gardanibagh Police Station and came to know that appellant Krishna Sharma, in collusion with his wife, appellant Meena Sharma had caused Golu to disappear. The informant and others enquired from the appellant Krishna Sharma, who confessed the kidnapping of son of the informant and told that the child had been kept with his friend Pappu at Bangali Tola, Mithapur and gave a letter to the informant and asked him to go to Pappu from whom he would get his son. It has been alleged that the appellants in collusion with their friend, Pappu, had caused to disappear the aforesaid son of the informant. The written information, to this effect, was given to the officer -in -charge of Gardanibagh Police Station, on the basis of which Gardanibagh P. S. Case no. 190 of 2002 was registered on 21.3.2002. After investigation chargesheet was submitted against the appellants. The case was committed to the court of sessions. After trial, both the appellants have been convicted and sentenced as aforesaid.

(3.) The defence of the appellants as evident from the cross -examination is total denial of the offence and they have been Patna High Court CR. APP (DB) No.141 of 2009 dt.14 -05 -2015 falsely implicated in this case.