SUNIL SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard learned amicus curiae and the State and have perused the records of this case.

(2.) This Jail Appeal has been filed assailing the judgment of conviction dated 31.03.2016 and order of sentence dated 5.04.2016 passed by Additional Sessions Judge-XI, Muzaffarpur in Sessions Trial No. 248 of 2015 by which the appellant has been convicted for the offences punishable under Sections 364, 302 and 201 of the Indian Penal Code and has been sentenced to undergo imprisonment for life with a fine of Rs.10000/- under Section 364 IPC and in default of payment of fine, he has been directed to further undergo imprisonment for six months. Further, he has been sentenced to undergo imprisonment for life under Section 302 IPC with a fine of Rs. 10,000/- and in default of payment of fine, he has been directed to undergo rigorous imprisonment for six months. He has also been sentenced to undergo rigorous imprisonment for three years under Section 201 IPC with a fine of Rs.5,000/- and in default of payment of fine, he has been directed to undergo rigorous imprisonment for three months. However, all the sentences have been ordered to run concurrently.

(3.) The prosecution case, as per written report of the informant, who happens to be the mother of the deceased Shivam Kumar @ Raja Babu, is that about four days back, accused Ravindra Thakur and Shashi Thakur came at her house and threatened her by saying that they would destroyed your whole family if you litigate with us. She has further alleged that on 21.02.2015, at around 6.00 P.M., they had sent one Sunil Sahani at her 'Bathan' who enticed her son and took him somewhere. She alleged that she and her villagers searched her son whole night and when he could not be traced out, she went the police station and informed the police. She further alleged that her son was aged about 11 years old. She further claimed that accused persons Ravindra Thakur and Shashi Thakur, in collusion with the accused Sunil Sahani, kidnapped her son with intention to kill him and she requested before the police to take legal action against them so that her son could be traced out.