SATTAN SAH AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of judgment of conviction dated 18th of August, 2000 and order of sentence dated 21 st of August, 2000 passed in Sessions Case No. 180 of 1989 by the 2 nd Additional Sessions Judge, West Champaran at Bettiah, whereby the Trial Court has found and held the appellant guilty for the offence punishable under Section 364 of the Indian Penal Code to undergo rigorous imprisonment for ten years and further convicted him under Section 387 of the Indian Penal Code to undergo rigorous imprisonment for seven years.

(2.) The prosecution case has been instituted on the fardbeyan of Rabari Devi (P.W.1), mother of the kidnapped boy. She has given fardbeyan stating that on the night of Chhath Puja (according to the fardbeyan), she was cooking food for the Chhath Puja and so she asked her husband to bring water. Her husband brought the water in the torchlight. She stated that her son namely, Manoj Kumar, who was sleeping in the room with his father, was found missing. The parents tried to search for their son but they could not find him. It is said that a note, written on a paper was found at the place where Manoj was sleeping from which, it transpired that somebody had kidnapped their son. She alleged that according to the version of written note, her son was kidnapped and a ransom was demanded for his return.

(3.) Nine witnesses have been examined during the trial, out of which, P.Ws. 1 to 5 have been declared hostile and P.W.6 has been tendered for cross-examination. This case is based on the evidence of P.W.1, the mother, who is the informant in this case.