RAKESH ROSHAN @ BABLU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Rakesh Roshan @ Bablu Yadav has been found guilty for an offence punishable under Section 413/34 of the IPC and sentenced to undergo R.I. for seven years as well as to pay appertaining to Rs. 10,000/- in default thereof, to undergo S.I. for one year, additionally under Section 414/34 IPC and sentenced to undergo R.I. for three years with a further direction to run the sentences concurrently vide judgment of conviction dated 20.06.2015 and order of sentence dated 30.06.2015 passed by Additional District & Sessions Judge, 2nd, Madhepura in Sessions Trial No.118/2011.

(2.) Anil Kumar Yadavendu (PW.1), Officer-in-charge of Madhepura P.S. recorded his self-statement at the house of Dinesh Yadav on 07.02010 at 03:30 PM disclosing therein that after getting confidential information regarding presence of harden criminal Babloo Yadav, son of Upendra Yadav and Manjesh Yadav, son of Dinesh Yadav at the house of Manjesh Yadav along with stolen motorcycle, a raid was conducted and during course thereof, Manjesh Yadav and Babloo Yadav succeeded in their escape while father of Manjesh Yadav, namely, Dinesh Yadav who was also attempting to flee, was apprehended on account of physical deformity and then, in presence of seizure list witnesses namely, Raj Kishore Yadav and Amlesh Kumar his house was searched wherefrom motorcycle was seized and for that, no document was produced by the Dinesh Yadav and for that, seizure list was prepared. It has also been disclosed that at an earlier occasion also raid was conducted at his house and during course of search, one motorcycle and one T.V. was seized and for that Madhepura P.S. Case No.426/2009 was registered.

(3.) After registration of Madhepura P.S. Case No.49/2010 investigation commenced and after concluding the same, charge sheet was submitted facilitating the trial. From the judgment impugned, it is evident that during curse of trial, accused Dinesh Yadav failed to continue with his presence while his son Manjesh Yadav who was in jail at Saharsa P.S. was not being produced on account thereof, vide order dated 19.09.2014, trial of this appellant was separated and proceeded independently meeting with the ultimate result, subject matter of instant appeal.