KAMAL SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Applicants have filed this criminal revision under Sec. 397 and 401 of Criminal Procedure Code 1973 challenging the judgment of conviction and sentence dtd. 10/3/2011 passed in Criminal Appeal No. 8/2006 by learned Additional Sessions Judge, Sarangarh, District- Raigarh whereby learned appellate Court while affirming the judgment of conviction of applicants, modified the punishment under Sec. 420/149 of IPC and sentenced the applicants to undergo RI for 11/2 years and fine of Rs.1500.00 in place of RI for 3 years and fine of Rs.1000.00 and in default of payment of fine, to undergo further RI for 11/2 years in place of RI for 1 year.

(2.) Facts relevant for disposal of this revision are that Tularam (PW 3) lodged written report to the concerned police station on 11/7/1999 (Ex. P-7 A) making allegation that in the month of January 1999, co-accused Udey Ram Satnami told him that one Udal Satnami, resident of village-Gwalindih is giving double the amount of payment. The amount which is being paid by co-accused Udal is fake currency. Udey Ram also showed them the sample bundles note of Rs.10.00 which was appearing as valid currency notes. Udey Ram also stated that he will fix the meeting with Udal at village Gwalindih. Relying upon him, complainant went to resident of Udal on 16/3/1999 at about 8:00 AM. In the house of co-accused Udal, Udey Ram, Eyan and Kamal all residents of Gwalindih were sitting. Some other persons also came there and they started discussing of giving double the amount of cash to be paid by them. During discussion with the other peoples, co- accused Udal stated that he will bring the amount to be paid, from Kolkata and they may keep ready their amount. On 18/3/1999 in the evening at about 6:00 pm, co- accused Bhushan came on motorcycle to the resident of complainant and asked to come along with him to the house of Udal with the amount. When complainant stated that it is evening and in the night he will not go along with the cash amount, co-accused Bhushan assured him that he is along with him, there will be no untoward affair. On assurance, complainant took Rs.96,000.00 from his house and went along with Bhushan to village Gwalindih and reached in the house of co-accused Udal in the night. At about 11:00 pm, co-accused Udal came to his house along with one another person with one briefcase in his hand, who opened the briefcase, in which 14 bundles of Rs.100.00 and 7 bundles of Rs.10.00 were kept. He was given the amount. At that time two persons came there in police uniform and started assaulting them. Name of the two police officers were Chintamani and Prakash. They took Udal and other persons on motorcycle. They were informed that Udal was taken by police of Jabalpur. On the next date, he went to house of Udal along with Udey. Co-accused Udal informed that somehow he managed to get himself released upon payment of Rs.10,000.00 and also threatened not to report the incident stating that the other party is resident of Kolkata and they may blast their house by bomb. Based on report, police registered FIR initially for the offence under Sec. 420 read with Sec. 34 of IPC against the applicant and other persons namely Udey Ram, Udal, Bhushan, Kamal, Samaru, Chintamani and Prakash.

(3.) After conclusion of investigation, police submitted final report on 29/10/1999 before the jurisdictional Magistrate for offence defined under Sec. 420 and Sec. 34 IPC. Supplementary charge sheet was also filed after arrest of Gulabchand on 2/3/2000. Learned trial Court, based on the material available in the charge sheet, had framed charges under Sec. 420/149 of IPC against Udey Ram, Baba Khan, Kamal Singh, Gulabchand, Chintamani, Om Prakash and Bhushan. Accused persons denied the charges framed against them and they were put to trial. Prosecution examined as many as six witnesses namely Puniram (PW 1), Sampuran Das (PW 2), Tularam (PW 3), Dhaniram (PW 4), Santram (PW 5) and J.P. Singh (PW 6) and also exhibited 12 documents i.e. panchnama (Ex. P-1), memorandum statement of Udal (Ex. P-2), memorandum statement of Samaru (Ex. P-3), property seizure memo (Ex. P-4 and Ex. P-5), statement of Puniram (Ex. P-6), statement of Sampuran Das (Ex. P-7), written report lodged by complainant Tularam (Ex. P7-A), FIR (Ex. P-8), property seizure memo (Ex. P-9 and Ex. P-10), spot maps (Ex. P-11 and Ex. P-12) to prove the guilt. After conclusion of trial, learned Judicial Magistrate First Class convicted Udal, Kamal and Bhushan under Sec. 420/149 of IPC and sentenced to undergo RI for three years and fine of Rs.1,000.00 to each of the convicted persons. In default of payment of fine, it was ordered for one year RI. Applicants-Kamal Singh and Bhushan, aggrieved by the judgment of conviction and sentence passed by the trial Court filed an appeal under Sec. 374 of Cr.P.C. before the Additional Sessions Judge, Sanrangarh, District-Raigarh. Learned trial Court, while considering the grounds raised in appeal, evidence available on record, upheld the judgment of conviction passed by learned trial Court, but has interfered with the order of punishment. The jail sentence of RI for 3 years had been reduced to one year and six months and fine was enhanced to Rs.1,500.00 from Rs.1,000.00.