RAM BILASH MALAKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) SINCE both the appeals have arisen out a common judgment, they have been heard together and are being disposed of by this judgment.

(2.) These two appeals have been filed against the judgment of conviction and sentence dated 6.7.1993 passed by 12th Additional Sessions Judge, Munger in Sessions Case No. 23 of 1992 whereby both the appellants have been convicted and sentenced under Section 363/34 of the Indian Penal Code to undergo rigorous imprisonment for seven years.

(3.) THE prosecution case is based on a written report (Ext. 2) of Indrajeet Singh. The said report was given on 6.9.1991 alleging therein that when at 3.00 pm he was going to his house for taking meal and had proceeded about 20 yards in the lane leading to his house in Punjabi Mohalla of Lakhisarai, he heard sound of cry of his son Sunny, who was returning from his school, towards west from the turning of the lane that he has been caught by 'van wala '. The informant when turned towards that side, he saw that his son was caught by three persons and they put him in the van and thereafter van proceeded towards west. The informant noted the number of the van which was B.R.8C -4717. The informant followed the van raising alarm but in vain. Near the van, Bibha Devi, Bina Devi and Annapurna Devi of Punjabi Mohalla were standing and they were pointing out the kidnappers when they were taking away the van from which the informant gathered that the kidnapping was done at their instance. The motive of the alleged occurrence was that those ladies were his neighbours. Many persons used to visit their houses which was being protested by the informant and that resulted in frequent altercation with them. On the date of occurrence also, these three kidnappers were also taken meal in the house of those ladies which was witnessed by informant 'sbrother. The informant claimed that he as well as his family members would identify the kidnappers who were about 20 -25 years of age. The written report of the informant resulted in Lakhisarai P.S. Case No. 256 of 1991 under Section 364/34 of the Indian Penal Code against the above three ladies, driver of the said vehicle No. BR 8C -4717 and three others. The matter was investigated into and in course of investigation, the victim Sunny was recovered from village Gaini, P.S.Goh, District Aurangabad on 9.9.1991 and a seizure list was prepared which has been marked Ext. 4 and after completion of investigation, charge -sheet was submitted against the seven accused. After cognizance, case was committed to the Court of sessions. The trial proceeded. Charge under Section 364/34 of the Indian Penal Code was framed and the same was explained to these two appellants and five others accused namely, Bina Devi, Bigan Singh, Annapurna Devi, Sunil Kumar Singh and Jitendra Pandey who have been acquitted by the trial Court. All the accused persons pleaded innocence and faced the trial.