MD. FAIYAZ AHMAD Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal (DB) No.197 of 2011 filed on behalf of the appellant Md. Faiyaz Ahmad and Criminal Appeal (DB) No.145 of 2011 filed on behalf of the appellant Bhushan Mahto are directed against the common Judgment of conviction and Order of sentence dated 14.02.2011 passed by the Additional Sessions Judge -I, Munger, in Sessions Trial No.66 of 2004/G.R. No.1584 of 2003, arising out of Kotwali P.S. Case No.415 of 2003. By the aforesaid Judgment of conviction and Order of sentence, dated 14.02.2011, both the appellants, namely, Md. Faiyaz Ahmad {in Criminal Appeal (DB) No.197 of 2011} and Bhushan Mahto {in Criminal Appeal (DB) No.145 of 2011} have been convicted under Sections 364(A)/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with fine of Rs.10,000/ -each, and in default of payment of fine, to further undergo rigorous imprisonment for two years, whereas the eight other accused, namely, Vinodi Prasad Yadav, Ram Kumar alias Rama Yadav, Md. Irfan, Sheo Kumar Yadav, Chandan Kumar Singh, Fantush Yadav, Bambam Yadav and Niraj Yadav, were not found guilty and have been acquitted of the charge.

(2.) The prosecution case, according to the written report (Ext.1) of the informant Abhay Mankar (P.W.1), is that on 18.09.2003, his son, Ankesh alias Nishu, aged about 5 years, had gone to his school, Natrodom Academy. When Ankesh alias Nishu, did not return till 03.00 P.M., he became worried. In course of search, the informant went to the school of his son Ankesh alias Nishu, where the Gateman of the school informed him that his son has left the school for home. As the son of the informant did not reach home, the informant raised suspicion that his son has been kidnapped either by culprit or his enemy with evil design after school hours from the school gate.

(3.) On the basis of the aforesaid written report of the informant Abhay Mankar (P.W.1), Kotwali (Kasim Bazar) P.S. Case No.415 of 2003 was instituted against unknown under Section 364 of the Indian Penal Code on 18.09.2003. After investigation, police submitted chargesheet against the seventeen accused, namely, Parmendra Kumar Singh, Md. Irfan, Ram Kumar Yadav, Vinodi Yadav, Faiyaz Ahmad (appellant), Bhushan Mahto (appellant), Md. Sayed Khalid Sah, Md. Wasim Ahmad alias Romi, Md. Rajji, Niraj Yadav, Chandan Kumar Singh, Sheo Kumar Yadav, Bambam Yadav alias Rambriksh Yadav, Chandan Kumar alias Chandan Bind, Kuldeep Yadav alias Kulo Yadav, Manish Yadav and Fantush Yadav. After taking cognizance of the offence, the case was committed to the court of sessions, where the proceeding against the accused Manish Yadav was dropped on 07.05.2005 due to his death and the charges were framed against the rest sixteen accused persons including the present appellants under Sections 364(A)/34 of the Indian Penal Code to face trial. Out of 16 accused, only 10 accused including the present appellants were tried as the trial of accused Wasim Ahmad alias Romi, Md. Rajji, Syed Khalid Shah were separated on 16.11.2006 and trial of accused Parmendra Kumar and accused Kuldip Yadav were separated on 09.06.2008 and that of accused Chandan Kumar Bind was separated on 13.01.2008 as they were absconding.