RAJENDRA THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under Section 364 of the indian Penal Code to undergo rigorous imprisonment for seven years.

(2.) THE prosecution case as made out in the complaint case filed by Sanjivan Thakur is that one Rajendra Thakur alias Sharma came to his residence on 23-6-1991 at 11 a. m. and claimed that he was the son of the sister's husband (SARHU) of the complainant and asked the complainant's wife to accompany him to attend the marriage of his niece which was to be held on 23-6-1991 at village Bihta. The wife of the complainant carried with her gold and silver ornaments and a sum of Rs. 5,000/- for the purpose of attending the said wedding. The allegation is that the accused misrepresented himself to be the son of the 'sarhu' of the complainant and deceived the complainant and took her away from the house of the com-plainant. It is further alleged that the wife of the complainant i. e. Sakali Devi did not return home and as such a Sanha was lodged at the Jakkanpur Police Station on 14-8-1991. Later on, however, the complainant came to know that no Sanha or FIR has been instituted and as such he filed a complaint before the Chief Judicial Magistrate, patna alleging that his wife was kidnapped by the sole appellant.

(3.) BEFORE the trial could commence, the complainant died and as such the statement recorded under Section 202 of the Code of criminal Procedure was the only material before the Trial Court, apart from witnesses which have been examined in this case to substantiate the allegations.