MOHAN RAM Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant has been convicted under Section 364 of the Indian Penal code land sentenced to undergo R.I. for ten years by judgment and order dated 11.9.2003 passed by Sri R.N. Sharma, 1st Additional sessions Judge, Bhabua in Sessions Trial No.102/44/1995/2003.

(2.) Prosecution case in short is that it appears that fardbeyan has been lodged on the statement of P.W. 5, Shiv Nayak Ram sating therein, inter alia, that on 21.5.1993 at 8.00 A.M., accused Mohan Ram came to the house of the informant and requested the son of the informant, Sita Ram @ Chauthi Ram to accompany him to village Shiwonpur maternal villager of the accused Mohan Ram in connection with Tilak ceremony and both of them went to the village shiwonpur but on 26.5.1993, Mohan Ram returned to his house at village Garra and when he was enquired upon with regard to where about his son it is stated that he had gone to the house of his maternal uncle at village-Surajpura but even after lapse of 4-5 days, when his son did not return some suspicion arose and they started searching a boy but he could not be traced during search. The informant and his brother went to the house of his relation and house of the maternal uncle of boy at Surajpura but he was not traced there and also enquired from the father and uncle of accused the appellant Mohan Ram but his son did not return and as such he lodged a sanha before the Officer-in-charge Kuchhila Police station on 4.7.1993 but police did not take any action. It is also said in the F.I.R. that there was dispute in between the parties for flow of drainage water and it appears that due to such dispute the victim boy was kidnapped and ultimately, an F.I.R. was lodged on 7.8.1994 narrating the entire incidents.

(3.) On the basis of the aforesaid statement, Kuchhila P.S. Case No.16 of 1994 was instituted under section 364 of the I.P.C. On investigation, charge sheet has been submitted and cognizance was taken and case has been committed to the court of Sessions which ultimately came to the file of Sri R.N. Sharma, 2nd Additional Sessions Judge for trial and disposal. During trial, charge under Section 364 I.P.C. was prepared against the appellant.