LAL BABU RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The moot question for consideration in this appeal is whether on the facts found by the trial Court, the appellant Lal Babu Rai could be convicted of the charge under Sections 363/511 of the Indian Penal Code as it was not established that the informant was attempted to be abducted for being murdered. The informant Shyam Kumar who was aged about 14 years was standing at the ticket counter of Dumra Bus Stand on 29.4.1988 at 7.30 a.m. He had to go to village Asia by bus. Asia was his nanihal. The appellant is the co-villager of Shyam Kumar. He caught the left arm of Shyam Kumar from behind and forcibly started taking him away. In the meantime, on hearing sound of Shyam Kumar, Sheo Sharan Rai who were also at the bus stand reached there and Shyam Kumar caught his hand. Shiv Sharan Rai enquired from the accused as to where he was taking the boy upon which appellant is said to have replied that he would take revenge from this boy (Khoon Ka Badla Khoon Se Lengc) Shyam Kumar again raised alarm and 45-50 persons along with Hawaldar and constable assembled there.

(2.) The motive for the alleged occurrence is said to be previous enmity between the parties. One Rabindra Rai was murdered in which father and uncle of the informant were made accused. The Hawaldar took Shyam Kumar, Shiv Sharan and the appellant to the police station where the statement of Shyam Kumar was recorded and on his statement FIR was lodged.

(3.) The learned trial Judge found following the facts.