ASHOK KUMAR SINGH VIYOGI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In Sessions Trial No. 42/89/74/92 five persons were placed on trial having been charged that they abducted Devesh Kumar Thakur alias Guddu for committing his murder. The accused were also charged under Sections 365, 387 and 120B of the Indian Penal Code. Learned trial Judge acquitted Thithar Paswan, Somariya Devi and Dinesh Singh. The appellants have been sentenced to 10 years imprisonment for the offence under Section 364, Indian Penal Code, 7 years imprisonment for the offence under Section 386, Indian Penal Code and 4 years imprisonment for offence under Section 365, Indian Penal Code.

(2.) Two separate appeals have been preferred by the convicted accused from jail. The appellants were refused bail and they have practically served out their sentence.

(3.) The case of the prosecution and the evidence in support thereof may be stated as follows. On 27-2-1988 Devesh Kumar Thakur alias Guddu son of Indrakant Thakur had gone to attend his I.Sc. classes at Ram Sakal Singh Science College, Dumra, Sitamarhi. He did not return till late in the evening. At 9.00 p.m. one Rickshaw Puller who disclosed his name as Ram Nandan Das brought a letter to the first informant Indrakant Thakur written on a paper of Cigarette packet containing a message that Devesh was ill but was safe and would return by Monday or Tuesday. The Rickshaw Puller also informed that the letter was given to him by one unknown in order to deliver the same to the informant and he was paid Rs. 3/- for this purpose. The Rickshaw Puller also told the informant that the boy who had delivered the letter to him had told him that he would wait at Dumra Bus Stand. Indrakant Thakur went to Dumra Bus Stand but the boy was not found there. A search was made for Guddu but he was not found.