Shyam Sundar Singh vs The State of Bihar

Anjana Prakash, J.—The Appellant has been convicted u/s 364 and 323 I.P.C. and sentenced to 7 years and 6 months rigorous imprisonment respectively and also fine of Rs. 500/- each in default of which a further rigorous imprisonment of 6 months by the learned 2nd Additional Sessions Judge, Ara by the judgment dated 26.4.1994 in Sessions Trial No. 212 of 1993.

The prosecution case is that on 30.1.1993 the informant P.W.1 who was the driver of the Maruti Van was taken away by the accused persons to steal the van but in the mean while he was saved by the police personnel who intercepted the vehicle.

The prosecution in all examined 4 witnesses out of whom P.W.1 is the informant whereas P.W.2 is the owner of the motor vehicle, P.W.3 is the A.S.I. who was a member of the police force who had intercepted the vehicle and recovered the victim, P.W.4. is the Investigating Officer of the case.

On going through the evidence of P.W.1, it is evident that he was confined and put to fear of life for the purposes of extortion from him. Therefore, an offence u/s 347 I.P.C. would be made out against the Appellant and not Section 364 I.P.C. There is no major discrepancy in the evidence of P.W.1 which is amply supported by P.W.2, 3 and 4 and, therefore, seeing no merit in the appeal, the same is dismissed.

However, the sentence is modified to a period already under gone under both counts. The Appellant (if alive) is directed to pay a sum of Rs. 2500/- to the victim/ his family members within 8 weeks from the date of receipt of notice from the Trial Court, in default of which, Appellant would serve further rigorous imprisonment for three months.

With the aforesaid modifications the appeal is dismissed.