SUDHAKAR HATWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure is directed against the judgment of acquittal dated 21.6.2005 passed in Criminal Case No.485 of 2002 by the Chief Judicial Magistrate, Dantewada by which the Learned Chief Judicial Magistrate has acquitted the accused/Respondents No.2 to 4 of the charges framed against them under Sections 341, 506B, 342, 365, 383 read with Section 34 of the Indian Penal Code.

(2.) In brief, the prosecution case was that at the time of incident, the Petitioner/Complainant was posted as an Executive Engineer in Public Works Department at Dantewada. On 21.12.2000, while working in his office, he came to know that he had been transferred to Raipur from Dantewada. Having heard this information, he decided to go to Raipur to find out its truth. Late night, at about 1:00 a.m., he along with his driver and one contractor Surendra Yadav left for Raipur in his official jeep. On the way, near Village Geedam, their jeep was intercepted by another jeep. Accused/Respondents No.2 to 4 came out of the jeep and asked the Petitioner/Complainant to get down from his jeep and to accompany them back to Dantewada as they had come to know that the Petitioner had been transferred to Raipur from Dantewada. As such, they demanded that the Petitioner had to just hand over the charge thereafter only he could leave Dantewada. They also threatened the Petitioner. The Petitioner was forced to accompany the accused/Respondents No.2 to 4 to go back to Dantewada. At Dantewada, he was forced to sign the documents handing over the charge. Thereafter, they forced the Petitioner to accompany them to go to the nearby forest area. There the Petitioner was forced to write a note that the money which was being carried by him was obtained by corrupt means. When the Petitioner opposed, he was abused and threatened. As such, the Petitioner wrote the note demanded by the accused. Thereafter, the accused/Respondents No.2 to 4 took the Petitioner to Bhanpuri via Jagdalpur where they took away 1 suitcase, 1 briefcase and 3 bundles of documents from the possession of the Petitioner and instructed him to go to Raipur and not to return. After reaching at Raipur, the Petitioner informed about the said incident to his office on telephone and also lodged a First Information Report with Civil Lines Police Station at Raipur, which was transferred to Police Station Geedam. After investigation, a charge-sheet was filed against the accused/Respondents No.2 to 4 under Sections 365, 341, 506B, 384 read with Section 34 and Section 120B of the Indian Penal Code.

(3.) The Trial Court framed charges under Sections 341, 506B, 342, 365, 383 read with Section 34 of the Indian Penal Code against the accused/Respondents No.2 to 4. During trial, total 13 witnesses were examined by the prosecution, but the Petitioner, who was the Complainant of the case was not examined. After trial, the accused have been acquitted of the charges framed against them as mentioned above in the first paragraph.