UMA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 4th January, 2013 passed by Sri Arun Kumar Sharma, 4th Additional Sessions Judge, Samastipur in Sessions Trial No. 403/1999/160/2012, arising out of Patory P.S.Case No. 110 of 1991, G.R.No. 1392 of 1991, by which the learned Judge has convicted the appellant under Sections 364, 365 and 384 of the Indian Penal Code and sentenced him to undergo R.I. for eight years and also with a fine of Rs.5000/- for offence under Section 364 IPC, R.I. for five years with a fine of Rs.2000/- for the offence under Section 365 IPC and R.I. for two years for the offence under Section 384 IPC and in default of payment of fine, it was further directed to undergo simple imprisonment for six months. It was also directed that the sentences were to run concurrently.

(2.) The prosecution case, in short, is that a written report was filed in Patory Police Station, on the basis of which Patory P.S.Case No. 110 of 1991 was instituted under Sections 364 and 365 IPC against 7-8 unknown persons. As per written report filed by one Om Prakash Sah, it transpires that in the night of 14.11.1991 at about 9 hours his villager Uma Rai (appellant) came and stated that 7-8 persons armed with illegal arms had carried away his brother Ashok Kumar Sah (P.W.4) towards south by the side of river Ganges. Further prosecution case is that Uma Rai (appellant) further told that culprits had also carried him for some distance but thereafter thrown him by assaulting with butt. It is alleged in the FIR that due to enmity someone has kidnapped his brother either to commit his murder or to demand ransom.

(3.) On the basis of the aforesaid written report, Patory P.S.Case No. 110 of 1991 was registered and the police after investigation submitted charge-sheet against the appellant under Sections 364, 365 and 387 IPC as well as against one Rajeshwari Rai. However, it appears from the judgment that Rajeshwari Rai later on absconded at the time of commitment of the case, as such, only the case of the appellant Uma Rai was committed to the court of sessions, which was later on transferred to various courts and ultimately by the court of Sri Arun Kumar Sharma, 4th Additional Sessions Judge, Samastipur the case has been tried and judgment of conviction and sentence as aforesaid has been passed.