KRISHNA CHOURASIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the above appeals arise out of judgment of conviction and order of sentence dated 27.05.2002, passed by Shri Abdul Nasir Khan, learned Additional Sessions Judge VII, Munger, in Sessions Trial No. 1047 of 1999/ 62 of 2001, by which the appellants were held guilty under Section 366, 342 and 376 of the Indian Penal Code (hereinafter referred to as "the IPC" ) and were sentenced to undergo R.I. for seven years, S.I. for one year and R.I. for seven years respectively. All the sentences were directed to run concurrently.

(2.) Prosecution case as per the fardbeyan of Satendra Chourasia (P.W. 7) recorded by Shri B.N. Singh (S.I.) on 3.12.1998 at 10. A.M. in short is that the informant was married with the victim Sarojni Devi (P.W. 3) and she was in her Maike and the informant was a daily wage labourer in Delhi. It is alleged, on 01.12.1998, informant came to his Sasural for Bidai of his wife at village Dobadih. Mother in law of the informant told him that on 21.11.1998, nephews of the informant, namely, Krishan Chourasia and Mukesh Choursia had already taken her with themselves on the plea that informant was ill. Thereafter, the informant enquired from the house of his nephews but the lady could not be traced. It is further alleged the wife of the informant had gone with the appellants with 40 grams of gold ornaments, 150 grams of silver ornaments and a cash of Rs. 3500/-. On the basis of the aforesaid fardbeyan Barbigha P.S. Case No. 319/98 was registered under Sections 365, 366 and 34 of IPC against the appellants. After investigation police submitted charge-sheet under Section 366, 342 and 376 of IPC.

(3.) Cognizance of the offence was taken and the case was committed to the court of sessions, which ultimately came to the file of Shri Abdul Nasir Khan, learned Additional Sessions Judge VII, Muner, for trial and disposal.