ANWAR MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants suffered conviction under section 364/34 of the Indian Penal Code (IPC) on being tried by the Assistant Sessions Judge, Bagaha, West Champaran, in Sessions Trial No. 426 of 1987 and were sentenced to suffer rigorous imprisonment for a term of seven years.

(2.) SALIENT features of the prosecution case, in short, was that on 27th February, 1985, the appellants allegedly came to the house of Kasidan Khatoon (P.W.1) and took her son ldris Mian in their company for participating in a procession of one Chandramohan Prasad, who was presumably contesting some election. Since ldris, it is alleged, did not return till late hours in the night, hectic searches were made by the family members and when inquiries were made from the appellants, they had been making evasive reply. It is alleged that they firstly stated that Idris had stayed at Ramnagar for witnessing a film and when he did not return to his house, inquiries were again made, when the appellants replied that Idris had gone to his maternal uncles house. When Idris did not return from there, the appellants, on inquiry, stated that Idris had gone to Punjab and even when there was no evidence of his going to Punjab, on further inquiry being made from the appellants, it is alleged that they stated that Idris would come on the occasion of Id with sweets and wearing apparels. However, on the occasion of Id also Idris did not return, and with these accusations, statement of the mother of ldris was recorded by the Police, pursuant to which investigation commenced, on conclusion of which, Police laid charge sheet before the Court. Defence of the appellants was denial of the entire allegations and in their defence, they examined two witnesses one of whom countered the allegations attributed to the appellants about they having taken ldris in their company for participating in a procession of Chandramohan Prasad.

(3.) THE State examined altogether eight witnesses including mother and wife of Idris and also host of other witnesses including Police Officer. However, the trial court believing the prosecution witnesses and rejecting defence of the appellants, about their innocence, convicted the appellants under section 364 IPC and sentenced them to undergo rigorous imprisonment, as stated above.