SIPAHI PASI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal was filed under Section 374(2) read with Section 389(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') against the judgment of conviction and sentence of the appellant in Sessions Trial No. 145 of 1999. The appeal was admitted for hearing on 01-05-2017, however; the appellant was never granted bail in the present appeal and he is still in custody. Considering the fact that appellant had remained in custody altogether for about 13 years, by order dated 12-03-2019 passed on interlocutory application i.e. I.A. No. 50 of 2018, the case was directed to be listed under the heading "For Hearing" as 1st case.

(2.) The sole appellant was convicted on 03-03-2017 for offence under Sections 364(A) and 395 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.'). By order dated 04-03-2017 under Section 364(A) of the I.P.C., the appellant was sentenced to undergo imprisonment for life and to pay a fine of Rs. 50,000/- (fifty thousand). In case of default in payment of fine, he was directed to further undergo simple imprisonment for 2 years. Under Section 395 of the I.P.C. by the same order i.e. order dated 04-03-2017, the appellant was sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 5,000/- (five thousand). In case of default in payment of fine, he was directed to further undergo simple imprisonment for 6 months. Both the sentences were directed to run concurrently. The judgment of conviction and sentence was passed by Sri Om Prakash Singh, learned Fast Track Court I, Kaimur, Bhabhua in Sessions Trial No. 145 of 1999 (arising out of Mohania P.S. Case No. 92 of 1997).

(3.) The case was initiated on the basis of written information submitted by Rameshwar Rai (P.W.1), which was presented to officer incharge of Mohania Police Station. In the written report, it was disclosed that informant (P.W.1) on 03-06-1997 alongwith his nephew Abhay Kumar Rai (victim) aged about 25 years was returning back to his house from Mohania on a motorcycle, being driven by his nephew Abhay Kumar Rai. It was disclosed that at about 11:00 PM, while they reached near village Dasauti, they noticed 7-8 persons in uniform carrying weapons. Amongst them, one person asked to stop the motorcycle, whereupon they stopped. Thereafter, the uniformed accused persons caught hold of both i.e. informant and his nephew and tied their hands by xeNk (gamachha). One of the accused persons pushed motorcycle from metalled road to the side road and both informant and his nephew were pushed through back of the rifle to some extent. In the meanwhile, they inquired from the informant in respect of his where-about and also about caste and thereafter, they forcibly took Rs. 4,000/- (four thousand), which was kept by the informant. The accused persons were whispering to gun down, however; one of the accused persons intervened and life of both informant and his nephew was saved. Thereafter, they made a demand of ransom of Rs. 4,00,000/- (four lacs). They freed the informant, keeping his nephew with them, with specific direction to hand over ransom amount of Rupees four lacs to a particular person with certain identification. The informant from the place of occurrence moved and stayed in the night at the house of one of the muslim person (P.W.2) and disclosed all those facts to him and subsequently on the next date in the morning at 6:00 A.M., he submitted written information in the Kaimur Police Station.