CHANDRAMA DUSADH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the appellants stand convicted under Section 366A and 34 of the Indian Penal Code (hereinafter to be referred as 'the IPC') and sentenced to undergo R.I. for five years + fine of Rs.5, 000/- with default clause and further been convicted under Section 454 of the IPC and sentenced to undergo RI for six months.

(2.) The prosecution case initiates on the basis of fardbeyan of one Shiv Janam Dusadh (not examined) recorded on 30.5.1988 at 09:30 A.M. by S.I. Sri A.K.Sinha I/C of Akorhigola Police Station stating inter alia that while they were sleeping in their house, he heard sound of fall of Khappara (tiles) and he saw the appellants in the Aangan and they forcibly dragged his daughter Dharamshila Devi and took away her with intention to marry.

(3.) The above fardbeyan led to institution of Dehri (Akorhigola) P.S.Case no.212 of 1988, after investigation, the police submitted charge-sheet against the accused/appellants, cognizance of the case has been taken and the case has been committed to the court of Sessions, which ultimately came to the file of Sri Uday Bhanu Narain Singh, 10th Addl. Sessions Judge, Rohtas at Sasaram.