SHAMBHU GIRL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment and order dated 26. 6. 1993 passed by Sri Anil Kumar verma, 2nd Additional Sessions Judge, sitamarhi in Sessions Trial No. 14/88/44/ 89 whereby he has convicted the sole appellant Shambhu Giri under Section 366 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of three years.

(2.) THE prosecution case, as per the complaint petition filed by Jai Narain Giri before the Sub-Divisional Judicial magistrate, Sitamarhi which was later on converted into first information report, in brief, is that his daughter Sumitra Devi was married to accused Shambhu Giri (sole appellant) about seven years ago. On 19. 1. 1987 the appellant along with accused no. 2 came to the house of the informant Jai narain Giri and took Sumitra Devi with them on the pretext of Bidagiri. On 9. 2. 1987 the informant went to the village Madheshra and visited the house of the appellant but he did not find his daughter there. Thereafter the informant repeatedly asked the appellant about the whereabouts of his daughter but the appellant did not give any satisfactory reply. It is stated that the informant learnt that the appellant along with other accused persons might have killed his daughter or kept her concealed somewhere for some illegal purposes.

(3.) ON the basis of the above complaint which was forwarded to the Officer-in-charge Sonbarsa Police Station for institution of the first information report, sonbarsa P. S. Case No. 27/87 dated 17. 4. 1987 under Sections 364 of the Indian penal Code was instituted and thereafter the investigation of the case was handed over to A. S. I. Bishnu Govind Rao, who investigated the case and submitted charge sheet against the appellant for putting him on trial under Sections 372 and 366/34 of the Indian Penal Code. After submission of the charge sheet, the learned Sub-Divisional judicial Magistrate took cognizance of the offence and thereafter the case was committed to the Court of Session.