Cri. Appeal No. 7 of 2001. Case: Swayambar Singh Munda and Ors. Vs State of Jharkhand. Jharkhand High CEGAT & CESTAT High Court
| Case Number | Cri. Appeal No. 7 of 2001 |
| Counsel | For Appellants: B.P.Sinha, Sr. Adv., H.K.Mahto, Adv. and For Respondents: Tapas Roy, APP. |
| Judges | D. P. Singh, J. |
| Issue | Indian Penal Code (45 of 1860) - Sections 366, 366A |
| Citation | 2006 CriLJ 4199 |
| Judgement Date | May 08, 2006 |
| Court | Jharkhand High CEGAT & CESTAT High Court |
Judgment:
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This appeal is directed against the judgment of conviction and sentence dated 13-12-2000 passed in Sessions Trial No. 86 of 1998, whereby and whereunder the learned 2nd Additional Sessions Judge, Seraikella held all the appellants guilty under Section 366(A) IPC and convicted and sentenced them to undergo RI for seven years.
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The brief facts leading to this appeal are that in the evening of 6th October, 1997 Lakhimani Kumari, daughter of the informant, was getting the water for her buffaloes from the canal situated in Mauja Kutum, P.S. Ichagarh, district Singhbhum West, when appellant Swayambar Singh Munda forcibly took her away to his house situated in the same village. According to the informant, the girl tried to raise alarm but she was gagged. The incident was seen by a small girl Bati, who ran to the informant and gave the details, after which the informant along with his wife, PW 5, went to the house of the appellants and tried to rescue their daughter but appellant Kalinath Singh Munda pushed them aside and asked the appellant Swayambar Singh Munda to bring the gun. It is further stated that they confined the victim inside the house, which was seen by the villagers but none came to their help. It is further stated that in the morning PWs 2 and 3 Ranjit Singh Munda and Bharat Singh Munda informed the informant that while they were returning from the fields in the night at about 10-11 P.M., they saw all the appellants carrying the daughter of the informant away. The informant further stated that the incident took place because six months earlier his son has taken away the sister of appellant Swayambar Singh Munda and got married. Therefore, the present case.
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This matter was recorded by Ichagarh police station at about 5.30 P.M. on 7th October, 1997 and a case under Section 366A IPC was registered against 13 persons. The police investigated the case and as the girl was recovered after about 40 days, the police finally submitted charge sheet against all the appellants. The case was committed for trial by the court of sessions, where all of them were charged, to which they pleaded not guilty. The trial court after examining the witnesses, has found and held the appellants guilty for the offences and sentenced them to serve RI for seven years.
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The present appeal has been preferred on the ground that the learned lower court has committed a mistake of fact on record and law. According to this memo of appeal, the entire...
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