SK. LAL BABU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Mahendra Thakur assisted by Mr. Shashi Bhusan Pandey for the appellant in Cr. Appeal (SJ) No. 621 of 2008, Mr. Sangeet Deokuliar learned counsel for the appellant in Cr. Appeal (SJ) No. 687 of 2008 and Mr. Mukeshwar Dayal learned APP for the State.

(2.) The present appeal has been filed under Sec. 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred as 'Cr.P.C') challenging the judgment of conviction dtd. 19/5/2008 and order of sentence dtd. 31/5/2008 passed in Sessions Trial Case No. 763 of 2006 arising out of Banjaria P.S. Case No. 49 of 2005 dtd. 10/1/2005 passed by the learned Additional District and Sessions Judge (FTC)-I, Motihari, whereby and where-under the appellants have been convicted for the offence punishable under Ss. 363 and 364/34 of Indian Penal Code (hereinafter referred as 'IPC') and have been sentenced to undergo rigorous imprisonment for ten years under Ss. 364/34 of the IPC and fine of Rs.5000.00 and in default of payment of fine, further simple imprisonment for 1 year.

(3.) As per the fardbeyan of the informant, on 9/1/2005 at 9:50 PM to the police alleging that on the same day at about 7.00 PM his brother Sah Alam (victim) was sitting at his door when a commander jeep came and three persons got down from the jeep and came near the brother of the informant, meanwhile the informant came out from his house. The informant identified those persons as Md. Mustafa, Illiyas and Sk. Lal Babu the brother of the informant and on the point of pistol forcibly taken him on the jeep in which 5-6 other persons were also present who have concealed their faces due to which he couldn't identified them. The brother of the Sah Alam raised alarm also but all the accused persons fled away by the jeep taking his brother. The reason behind the occurrence is alleged to be previous enmity.