MADHU MUNDA AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment dated 3.7.1996 and order of conviction dated 5.7.1996 passed by the learned Additional Judicial Commissioner, Khunti in Sessions Trial No. 276/1986 corresponding to TR No. 159/1993, in which appellants were held guilty under Section 364, IPC and were accordingly convicted and sentenced to undergo R.I. for three years and to pay a fine of Rs. 2000/ - each and in default of payment of fine to further undergo R.I. for three months.

(2.) PROSECUTION case in brief is that Sagar Munda lodged a case with Khunti Police Station, on the basis of which Khunti P.S. Case No. 26/87 dated 5.4.1987 under Section 364, IPC was registered. On 5.4.1987 at about 8 p.m. Masih Munda, Hari Singh Munda, Bundu Munda, Madhu Munda, Champay Munda and Digwa Lohar came to the house of the informant and abused the mother of the informant and Madhu Munda, Bundu Munda, Masih Munda and Hari Singh Munda entered into the house of (sic) and dragged her out. The informant and his sister were present at the time of occurrence. They protested and raised alarm and several persons of the village came but nobody intervened. Since then the informant and his sister were in search of their mother but they could not get trace of their mother and as a result of which delay has taken place in lodging of the FIR I.O. after investigation submitted charge -sheet against four persons, who are appellants here. Charges were framed and the learned Additional Judicial Commissioner, after recording evidence of both sides, came to a finding and held the appellants guilty and convicted and sentenced them as aforesaid.

(3.) LEARNED counsel appearing on behalf of the appellants, assailed the judgment on the following grounds: