SURESH MEHTA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) By the judgment of conviction dated 02.04.2015 and order of sentence dated 08.04.2015 passed by the 2nd Additional Sessions Judge, Supaul, in Sessions Trial No. 87 of 2009 arising out of Tribeniganj P.S. Case No. 217 of 2008, the sole Appellant has been convicted under Section(s) 302, 366-A and 201 Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Section 302 Indian Penal Code with fine of Rs. 10,000/-, rigorous imprisonment for ten years under Section 366-A Indian Penal Code with fine of Rs. 5,000/-, rigorous imprisonment for seven years under Section 201 Indian Penal Code with fine Rs. 5,000/-. In case of non-payment of fine, further imprisonment for six months. All the sentences were ordered to run concurrently.

(2.) The case of the prosecution according to Ram Sunder Mahto is that on 17.10.2008 at about 8.00 PM his daughter Pinki Kumari, aged about 16 years, was talking to the present Appellant along with 2-3 persons. He told his daughter to go home and proceeded to relieve himself in the fields. When he returned, he found out that the Appellant had taken away his daughter and she could not be found. When the entire village came to know of it and she was not found, on the next day at about 6.00 AM he confronted the Appellant as to why he had committed such an act. A Panchayati was also convened in which it was disclosed that the girl would be found at Triveniganj Bus Stand. So, they proceeded on the motor cycle but she was not there. When the Appellant was informed that the girl was not found, he told him to do whatever he wanted and hence, the present written report was filed. A couple of days later the dead body was recovered from the river and it was opined that she had been throttled to death.

(3.) It appears that the case is based on circumstantial evidence and there is no direct evidence either of kidnapping or of murder. It is also worth noting that some of the witnesses have given another version about disappearance of the daughter of the Informant.