BISHUNDEO SAHANI AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Bishundeo Sahani and Dhrub Sahani have filed instant appeal against the judgment of conviction dated 09.09.1992 and sentence dated 14.09.1992 passed by the Sessions Judge, East Champaran at Motihari in connection with Sessions Trial No.371 of 1991 whereby and whereunder appellants have been found guilty for an offence punishable under Section 365 of the I.P.C. and each one has been directed to undergo rigorous imprisonment for five years.

(2.) Shorn of unnecessary details, the case of the prosecution as comes out from the Fard-beyan of Ashok Bhagat (PW- 1) recorded on 15.04.1991 before O/c of Kesariya P. S. at VillageGawandri in the bamboo cluster belonging to Singeshwar Sah on 15.04.1991, disclosing therein that in the night of 11.04.1991 while he was sleeping alone at his Darwaza, at about 11.00 p.m., 4-5 persons came, caught hold him and lifted him on account of which, he awaken. As he was caught hold by neck, he began to whine, over which one of the accused, who was armed with gun, had threatened that in case alarm is raised, he will be eliminated. He saw the miscreants about 10-15 in number, who were armed with firearms. While passing through the Darwaza of Narayan Singh, Dukhi Hajra, an employee, awaken, who was assaulted by one of the accused. Thereafter, all the accused lifted him, dragged him and brought to the bamboo cluster where they had fully prepared the location to keep. Some of the accused remained there while some returned back. They have disclosed that after receiving of Rs.50,000/- from his parents, they win let him off. While he was under captive, the police raided and during course thereof, the miscreants began to flee and during course thereof, two miscreants along with firearms were apprehended. He had also been rescued from captive. The apprehended accused had disclosed their names as Bishundeo Sahani and Dhrub Mahto and further, disclosed names of their accomplice as Chandrika Singh, Ram Chandar Rai, Sukhdeo Rai, Dewan Rai, Chanderdeo Rai, Jamuniya Rai, Bhagwan Singh, Bihari Rai @ Mama, Sheonath @ Sadhu. Informant had further claimed that his kidnapping was for the purpose of ransom.

(3.) Kesariya Police forwarded the aforesaid Fard-bayan to Sangrampur Police Station for registration and investigation of the case whereupon Sangrampur P. S. Case no.15 of 1991 was registered under Sections 452, 364, 365, 34 of the I.P.C. and proceeded with an investigation. After concluding the same, chargesheet was submitted under the aforesaid Sections and on account therefore, after taking cognizance, the case was committed, trial proceeded and ultimately met with the result, the subject matter of instant appeal.