SHYAM BIHARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned APP for the State.

(2.) This appeal has been preferred against the Judgment and Order of conviction and sentence dated 29.08.2002 passed by the learned Additional Sessions Judge-cum-Presiding Officer, 5th Fast Track Court, Bhojpur, Ara in Sessions Trial No. 32 of 1993 arising out of Behea P.S. Case No. 145 of 1991, whereby the learned lower convicted the appellants for the offence punishable under Section 364 of the Indian Penal Code and sentenced them to undergo R.I. for seven years each and also slapped them with a fine of Rs. 2,000/- and in default of payment of fine to undergo R.I. for six months.

(3.) The factual matrix of the case is that Behea P.S. Case no. 145 of 1991 was instituted under Section 364 of the Indian Penal Code against the accused persons, namely, Shyam Bihari Singh, Dharam Nath Singh and the driver of the truck (Chhatradhari Mahto) bearing registration no. BPW-8858 on the basis of statement of Paras Nath Singh S/o Shivnandan Singh, R/o P.S. Behea, DistrictBhojpur recorded by S.I. P.S. Behea with the allegation, in succinct that, on 10.10.1991 at about 04:30 PM, while he was proceeding to his house from Behea Bazar and arrived near the house of Prayag Kohar, he spotted the truck of Shyam Bihari Singh bearing registration no. BPW-8858 parked facing west and Shyam Bihari Singh, Dharamnath Singh and the driver of the said truck assaulting his son namely, Umesh Kumar Singh. As soon as he arrived there they caught hold his son and dumped him inside the truck and drove away towards Behea Bazar. His co-villager Shivji Singh and several others witnessed of the occurrence. The informant has claimed that the accused persons have kidnapped his son with intention to do away with his life. The bone of contention is said to be that the accused persons are suspecting the hand of his son (Umesh Kumar Singh) in eloping of the sister of accused Shyam Bihari Singh five days preceding to the occurrence.