- (1.) THIS appeal has been directed by the appellants named above against the impugned judgment and order dated 27.3.1997, passed in Sessions Trial No. 609 of 1995 (T.R. No. 57 of 1995) by Shri Aloke Kumar Sinha, 6th Additional Judicial Commissioner, Ranchi, whereby and whereunder all the appellants along with appellant Raj Kishore Shah (since dead) were found guilty for the offence punishable under Section 498 -A/34 of the Indian Penal Code and they were convicted and sentenced to undergo rigorous imprisonment for three years each. However, all the appellants were not found guilty for the offence punishable under Section 364 of the Indian Penal Code and they were acquitted in respect thereof.
(2.) THE prosecution case has arisen on the basis of the written report (Exhibit -3) of PW 1, Ram Chandra Prasad, the informant and said to be the father of Laxmi Devi, the alleged victim of this case lodged before Sukhdeo Nagar Police Station on 22.9.1992 at 21.00 hours regarding the occurrence which is said to have taken place on 10.9.1992 at 14.00 hours at Hesal Vikash Nagar in the town of Ranchi and the case was instituted against the appellants by drawing of the formal FIR (Exhibit -4) on that very day at 21.00 hours. The prosecution case, in brief, is that the marriage of Laxmi Devi was solemnized with appellant Umesh Kumar Shah on 22.9.1992 and she was leading her conjugal life with appellant Umesh Kumar Shah in her matrimonial home at Hesal Vikash Nagar and she was also blessed with a son, who is nine months old. It is alleged that all the appellants were residing with her in the said house and so long she lived in her matrimonial home, there was always a quarrel between her and her sister -in -law appellant Anjula Devi @ Anju on petty matters and the other appellants used to take the side of appellants Anju in the said quarrel and the behaviour of the appellants was also not cordial with her as a result of which she was under strain and stress. The prosecution case further is that the informant received a postcard on 18.9.1992 in which it has been stated that Laxmi Devi has, all of a sudden, left her matrimonial home on 10.9.1992 at 14.00 hours either for Biharsharif or Calcutta and on this information and Laxmi Devi having not arrived at Calcutta, he came to Biharsharif where he could also not find Laxmi Devi and thereafter a hectic search was made to locate Laxmi Devi and finding no way out he came to Ranchi where also search for Laxmi Devi was made but all,in vain. It is also alleged that nine months old child of Laxmi Devi has been left in her matrimonial home and there is reasonable doubt that the appellants in conspiracy with each other have abducted Laxmi Devi.
(3.) THE appellant have pleaded not guilty to the charges levelled against them and they claim themselves to be innocent and to have committed no offence and they have been falsely implicated in the case on mere suspicion in view of the fact that Laxmi Devi has left her matrimonial home all of a sudden leaving her son there.;