SUBODH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal is directed against the Judgment of conviction and order of sentence dtd. 15/3/1999 passed by Sri Mungeshwar Sahoo, learned 1st Additional Sessions Judge, Godda (as His Lordship was the then) in connection with Sessions Case No. 90 of 1997/215 of 1998, arising out of Mahagama P.S. Case No. 8 of 1997, corresponding to G.R. No. 82 of 1997, holding the appellant, Subodh Kumar Singh guilty of the offences under Ss. 364, 302 and 201 of the Indian Penal Code and thereby, sentencing him to undergo imprisonment for life for the offence under Sec. 302 of the Indian Penal Code and rigorous imprisonment for two years for the offence under Sec. 201 of the Indian Penal Code. No separate sentence was passed for the offence under Sec. 364 of the Indian Penal Code. Both the sentences under Ss. 302 and 201 of the Indian Penal Code were ordered to run concurrently.

(3.) The prosecution case was instituted on the basis of written report of the informant Asha Kumari, the sister of the deceased Rajesh Kumar Goswamy, alleging therein that on 2/2/1997 at about 2:10 P.M, her brother had gone to buy groceries. Thereafter, he did not return. Suspicion was raised against the present appellant that he had kidnapped the brother of the informant with an intention for committing his murder.