BALESHWAR YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant Baleshwar Yadav stood convicted for committing an offence punishable under Sections 364 (A)/120 B of the Indian Penal Code and further has been sentenced to undergo imprisonment for life and also to pay a fine of Rs. 3000.00. The aforesaid judgment of conviction and order of sentence has been passed by the Additional Sessions Judge, Fast Track Court No. VII, Giridih on 30th Jan., 2006 & 17th Feb., 2006 respectively, in Sessions Trial No. 10 (A) of 2004 (arising out of Gawan P.S. Case No. 26/03, corresponding to G.R. No. 890/03).

(2.) A first information report was lodged by one Bishnu Sao (PW-6), S/o Late Toral Sao on 26.05.2003 stating therein that on 25.05.2003 at about 10:00 P.M. his son Santosh Kr. Sao (victim and PW-4) along with several other villagers had gone to see Yagya at Village Kahuwari by Tractor. The Tractor was being driven by the Driver Damodar Choudhary (PW-1). While returning from the village Kahuwari, at about 01:00 A.M, in the intervening night of 25/26.05.2003, when they reached near Ghaghra Bridge, suddenly 7-8 persons/miscreants, armed with Pistol etc., blocked the road and stopped the said Tractor. One of them, pointed the Pistol towards the Driver and the others took away Santosh Kr. Sao, son of the informant, along with them towards the Southern side. The miscreants had covered their faces with towels. It was further mentioned in the fardbeyan that along with his son many other persons including Pankaj Sao and one 'Chandsi Doctor' were on the Tractor. The informant casted his doubt that his son has been kidnapped for ransom.

(3.) On the basis of the said written report, Gawan P.S. Case No. 26 of 2003 was registered, against unknown for the offence punishable under Sections 364 (A)/34 of the Indian Penal Code.