MD ISHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appellants have filed this appeal against the judgment of conviction and order of sentence dated 28th March, 2007 and 30th March, 2007 respectively passed by the Additional Sessions Judge, F.T.C.-Ill, Vaishali at Hajipur in Sessions Trial No. 219 of 2002 whereby the appellants abovenamed have been convicted for the offence under Sections 365/ 34 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for four years with a fine of Rs. 2,000/- each for the offence under Section 365 read with Section 34 of the Indian Penal Code and in default of payment of fine they have been further ordered to undergo one month rigorous imprisonment under Section 235 of the Cr.P.C.

(2.) The complaint case is the basis of the prosecution which was filed by Pyar Mohamad alleging therein that Md. Jamaluddin aged about 14 years was playing on 25th May, 2000 in the evening he did not return. At the time of playing Jamaluddin was seen near the house of the accused persons. The informant made query and suspected that the appellants were the persons who might have kidnapped Jamuluddin. The complainant went to police station but the police does not lodge the case. The complainant subsequently came to know after few days that in furtherance of conspiracy all the accused persons have kidnapped Jamaluddin and kept him at a secret place for the purpose of marriage. The complaint was filed before the learned Chief Judicial Magistrate which was referred to police under Section 156(3) of the Cr.P.C. where the case was registered under Sections 365, 366, 120B of the Indian Penal Code.

(3.) The matter was investigated into by the Sub-Inspector of Police Vijay Prasad Sinha who in course of investigation recorded the re-statement of the informant. He inspected the place of occurrence and recorded the statement of other witnesses. Due to his bad health he handed over the charge of investigation to Sub-Inspector of Police Sri Baleshwar Prasad, Officer Incharge of Kathara O.P. for further investigation. The second Investigating Officer recorded the statement of the victim who was produced before the court and statement under Section 164 of the Cr.P.C. was recorded. After investigation charge-sheet was submitted under Sections 364, 365/34 of the Indian Penal Code and accordingly, cognizance was taken under the aforesaid sections. The case was tried and in course of trial prosecution has examined nine witnesses, namely, PW-1 Pramod Kumar Singh who is a formal witness, PW-2 Rizwan Ahmad, PW-3 Noor Alam, PW-4 Md. Jamaluddin (victim), PW-5 Banke Rai, PW- 6 Pyar Mohammad (informant), PW-7 Md. Habib, PW-8 Sri Mithilesh Kumar Dwivedi the Judicial Magistrate, PW-8 Vijay Prasad Singh is the first Investigating Officer and the last witness PW-9 is a formal witness.