UPENDRA SINGH AND Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals are directed against the judgment dated 27-11-96 passed by Sri Gangadhar, 1st Additional Sessions Judge, Gumla in S.T. No. 323/93, corresponding to G.R. Case No. 438/93, whereby the learned 1st Additional Sessions Judge held appellant Gunjan Singh guilty under Sections 366, IPC and sentenced him to undergo R.I. for 3 years and to pay a fine of Rs. 500.00 and in default of payment of fine to further undergo R.I. for six months and held appellant Upendra Singh guilty under Section 366, IPC and sentenced him to undergo R.I. for 5 years and to pay a fine of Rs. 500.00 and in default of payment to further undergo R.I. for six months and the learned 1st Additional Sessions Judge also held appellant Upendra Singh guilty under Section 376, IPC and sentenced him to undergo RI for 7 years and to pay a fine of Rs. 1000.00 and in default of payment to further undergo R.I. for one year. However, the learned 1st Additional Sessions Judge directed that both the sentences shall run concurrently.

(2.) The Sessions Trial No. 323/93 has arisen out on the basis of statement of Jharia Ram, informant, and a Palkot P.S. Case No. 36/93 dated 11-6-93 under Sections 366/376, IPC was registered and investigation was taken over by Rameshwar Ram, S.I., Palkot P.S.

(3.) Prosecution case in brief is that the informant Jharia Ram, Rukmani Kumari and inmates of the house were sleeping in the house and at about 11.30 p.m. Jharia Ram woke up and saw his daughter Rukmani Kumari, aged about 13 years and six months was not in the room in which she was sleeping. He waited for return of his daughter but all in vain and thereafter he and his family members began to search for Rukmani Kumari and during the search he came to know that appellants Upendra Singh and Gunjan Singh were absent from the village. He further came to know that both Upendra Singh and Gunjan Singh have gone towards Gumla on the motorcycle on one Bimal Oraon During the search Jharia Ram, informant, entered into the campus of Maharaja Circus at Gumla on 10-6-93 at about 1 p.m. where he saw the appellant Gunjan Singh. He made request before the Gumla Police Station, whereupon Gunjan Singh was arrested and brought to the Gumla police station to enquire into the incident. Gunjan Singh confessed there that he and Upendra Singh have kidnapped the girl with an ill intention but he did not furnish the correct address where Upendra Singh had taken away the girl. Informant expressed doubt about the murder of his daughter after commission of rape. The family members of Gunjan Singh threatened the informant on account of arrest of Gunjan Singh. Thereafter FIR was lodged on 11-6-93 in Palkot P.S. for taking strong legal action against the appellants and for recovering the victim girl and on that basis the aforesaid FIR was registered against the appellants and both were found guilty and were convicted.