RABBU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Rabbu Yadav and Uttam Yadav have been found guilty for an offence punishable under Section 364 of the IPC and each one has been sentenced to undergo RI for seven years as well as to pay fine appertaining to Rs. 5000/- in default thereof, to undergo RI for three months, additionally, under Section 120B of the IPC but no separate sentence has been passed therefor vide judgment of conviction dated 26.04.2018 and order of sentence dated 27.04.2018, by Additional Sessions JudgeFTC-1st, Lakhisarai in Sessions Trial No. 527/2008 arising out of Lakhisarai PS Case No. 352/2005.

(2.) Karyanand Saw (PW 3) filed written report on 23.10.2005 disclosing therein that his father Lakhan Saw happens to be engaged in business of sale and purchase of paddy. Today i.e. on 23.10.2005 at about 4:10 AM, his father had loaded paddy over the tractor of a co-villager, LaxmanYadav in a way to Lakhisarai, which was being driven by one Dharmendra Mandal. Just a few minutes thereafter, at about 4:30 AM, the driver came along with tractor and disclosed that his father Lakhan has been kidnapped by seven unknown armed criminals near Bhandar Mor. After hearing this, he along with other co-villagers have gone in search of his father but in vain.

(3.) After registration of Lakhisarai PS Case No. 352/2005, investigation commenced. As is evident from the record, charge-sheet was submitted in fragment manner resulting so many sessions trial. Still one of the accused, namely, Naresh Yadav is absconding, as has been gathered from the lower court records. From the lower court record, it is also evident that driver Dharmendra Mandal was apprehended during course of investigation and was interrogated who, during course thereof, made an inculpatory extra judicial confessional statement before the police exposing the planning whereunder Lakhan Saw was kidnapped and further, dead body of aforesaid Lakhan Saw has been recovered subsequently, whereupon, as stated above, segment wise as per appearance of the accused, charge-sheet has been submitted. It is further evident from the lower court record that result relating to earlier sessions trial is not available but, one of the accused, namely, Kedar Yadav was proceeded under Sessions Trial No. 741/2008 which ultimately concluded by way of verdict of acquittal and the certified copy of the deposition of relevant witness along with judgment are an exhibit of the record.