HALEEM DEWAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Appellant Haleem Dewan of Criminal Appeal (DB) No.148 of 2013, Appellant Nausad Devan of Criminal Appeal (DB) No.181 of 2013 and Appellants Rojid Ansari and Ramayan Pandit @ Hawaldar Pandit of Criminal Appeal (DB) No.188 of 2013 have been convicted under Sec. 364A I.P.C. and sentenced to R.I. for life and fine of Rs.2500.00 each, in default of which rigorous imprisonment for another six months by judgment dated 8/10.1.2013 passed by the Ad hoc Additional Sessions Judge II, Gopalganj in Sessions Trial No.240 of 2009/39 of 2012.

(2.) The case of the Informant Namajuddin (P.W.3) is that on the fateful day four persons with covered faces took away his brother, upon this information a case against unknown was instituted on 6.9.2008. Subsequently during investigation certain circumstances were found against the present Appellants, on account of which they were charge sheeted and they were put on trial.

(3.) During trial the prosecution examined six witnesses. P.W.1 Jainuddin Mian is the victim himself. P.W.2 Mustaqueem Mian is his father. P.W.3 Namajuddin is the Informant and brother of the victim. P.W.4 Raghunath Prasad is one of the Police Officers on the point of arrest of the accused and recovery of the victim. P.W.5 Raj Kishore Singh is also a Police Officer, who was part of the team of P.W.4. P.W.6 Sudama Rai is the Investigating Officer.