ABDUL RAZAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) In all, eight accused namely, Abdul Razak, Md. Bashir, Md. Kasim, Siraj Mian, Md. Kayum, Ibrahim Mian, Md. Latif and Md. Mustakim faced the trial for charge under Sections 364, 379, 342 and 323 IPC for allegedly kidnapping Sohar Mian (P.W.-6) on 02.04.1988 and theft of his cycle. The information in this regard was given to the police by Md. Maksood (P.W.-5), the son of Sohar Mian. On the same day, the victim was recovered from the house of Ibrahim Mian where Abdul Razak, Ibrahim Mian and Md. Mustakim were also present. Admittedly, the other five accused persons were not present there.

(2.) It so happened that during the trial, the matter was compromised between both the sides. Md. Razak is closely related to the victim Sohar Mian. His daughter is married to the son of Sohar Mian. The root cause for the occurrence is that daughter of Abdul Razak was deserted by her in-laws and she was staying with her father. The compromise-deed effected between the parties was accepted by the learned trial court and the offence under Sections 323 and 342 IPC for which all the accused were charged was compounded. Offence under Section 379 IPC is otherwise not proved as held by the learned trial court and all the accused persons were convicted for the charge under Section 364 IPC by the learned trial court vide impugned judgment dated 20.02.1992. Aggrieved thereof, the instant appeal has been filed.

(3.) During the pendency of the appeal, appellants Md. Kasim, Ibrahim Mian, Md. Latif and Md. Mustakim died. The instant appeal thus, stood abated qua them vide order dated 02.03.2009. It now survives qua appellants Abdul Razak, Md. Bashir, Siraj Mian and Md. Kayum.