SURENDRA YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been preferred by the sole appellant Surendra Yadav against the Judgment of conviction and sentence Order dated 21.09.1995 passed by the 1st Additional Sessions Judge, Madhepura, in Sessions Case No.61 of 1991, by which and whereunder he convicted the sole appellant for the offences punishable under Sections 364, 302 and 201 of the Indian Penal Code and sentenced him to undergo life imprisonment for the offence punishable under Section 302 of the Indian Penal Code, to undergo rigorous imprisonment for six years for the offence punishable under Section 364 of the Indian Penal Code and to undergo rigorous imprisonment for three years for the offence punishable under Section 201 of the Indian Penal Code. The learned Additional Sessions Judge directed to run the above stated sentences concurrently. However, by the said Judgment of conviction and sentence Order, the learned trial court acquitted the accused Shivo alias Shivanand Yadav, Krishna Dev Yadav and Chhotelal Yadav.

(2.) P.W.3, namely, Bilash Yadav, gave his fardbeyan to the Officer Incharge of Madhepura Police Station on 21.09.1988 at about 04.00 P.M. to this effect that in the month of 'Asarah', his son-in-law, namely, Surendra Yadav (appellant) and his brothers, namely, Krishna Dev Yadav, Shivo Yadav and one Chhotelal Yadav, took his daughter forcibly from his house. He further claimed that 20-25 days ago, he got information regarding the missing of his daughter and, then, he went to the house of the appellant and enquired from him about the whereabout of his daughter but the appellant Surendra Yadav did not give any response and, similarly, his other family members also did not response and, thereafter, he enquired from Baukoo Yadav and Subash Yadav, the co-villagers of the appellant, and, then, he came to know that the appellant and his family members got disappeared or sold her daughter.

(3.) On the basis of the aforesaid fardbeyan of P.W.3, Madhepura P.S. Case No.192 of 1988 for the offences punishable under Sections 363, 364 and 368/34 of the Indian Penal Code was registered against the appellant and others.