Sita Raut And Ors. vs State Of Bihar And Anr. on 10 September, 1999
In this connection, my attention has also been drawn to the case of Tondi and Ors. v. The State of U.P. 1975 Cr. L.J. 950. In this case it has been held that to establish a charge of abduction in order to murder under Section 364 of the Indian Penal Code when the case is one of abduction by deceitful means, the prosecution has to prove firstly that there was misrepresentation and secondly, that particular misrepresentation was under a plan to murder and thirdly that it was the plan by which the abducted person was himself deceived and was induced to go. Where there is no evidence to indicate that the alleged misrepresentation was the result of a plan to murder the deceased, the accused cannot be held guilty under Section 364 of the Indian Penal Code.