CHOTA TIU Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 19.9.1996 and order of sentence dated 20.9.1996 passed in Sessions Trial No. 362 of 1995 whereby the District & Sessions Judge, Singhbhum (West) at Chaibasa found the appellant, namely, Chota Tiu, Shyam Samad, Ladu Samad, Champur Domde Tiu, and Sengo Gope, guilty under Section 364/34, IPC and sentenced them to undergo R.I. for 10 years.

(2.) This Criminal Appeal has arisen out of Muffasil PS Case No.121 of 1994 in which, all the accused persons (hereinafter to be referred as appellants) were charge sheeted and put on trial and after conclusion of trial, were found guilty and sentenced as aforesaid.

(3.) The prosecution case in brief is that Lakhan Tiu, the informant, gave a statement on 1.12.1994 at 7.30 a.m. at Chaibasa Muffasil PS stating inter alia that on the previous Tuesday (29/30.11.1994) he was sleeping with his wife and three children after taking meal in the eastern room of his house. In the southern room of his house, his sister and eldest daughter were sleeping. At about 9.10 p.m., appellants who are co-villagers came to his house, broke open the door made of tin, entered into the room, caught him and his wife and were taking them towards west of the village. Informant after giving stroke, freed himself from their clutches and fled. But appellants took his wife Risa Kui along with them. He was very terrified and he went to his sasural Nakahasa in the night and on the following day, he made searches for his wife but in vain, and due to this very reason, there was delay in reporting the matter to the police. It is stated that the motive behind occurrence was that all the appellants used to accuse his wife Risa Kui of being witch and informant believed that appellants have kidnapped his wife and murdered her.