KRISHNA SINGH & ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) By way of present appeal, appellants seek to challenge the Judgment of conviction dated 12.06.2002 and order of sentence dated 17.06.2002, passed by Shri Bipin Dutta Pathak, XIth, Additional Sessions Judge Saran at Chapra, in Sessions Trial No. 244/97, by which the appellants were convicted under Section 365/34 of the Indian Penal Code (hereinafter referred to as the "IPC") and were sentenced to undergo R.I. for 07 years with a fine of Rs. 1,000/- each and half of the said amount was directed to be paid to the victim, having default clause.

(2.) Prosecution case in short as per the written statement of informant (P.W. 4) given before the Officer in Charge Parsa Police Station on 27.10.1994 is that when grand father of informant had gone to village Anyay to blacksmith for sharpening plough, in the way accused persons abducted him with intention to take his thumb impression for execution of sale deed in their favour. On the basis of said written statement, Parsa P.S. Case No. 96/94 was registered against the accused persons.

(3.) Police after investigation submitted charge-sheet against the appellants. Cognizance of the offence was taken and the case was committed to the court of sessions, which ultimately came to the file of Shri Bipin Dutta Pathak, XIth, Additional Sessions Judge Saran at Chapra, for trial and disposal.