SIRMUKH SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 04.02.2009 passed by Sessions Judge Raipur, District- Raipur (C.G.) in Session Trial No. 93/2008, wherein the said court convicted the appellant for commission of offence under Sections 343, 330 & 306 of IPC and sentenced to undergo R.I. for 1 year and fine of Rs. 1000/-, R.I. for 2 years and fine of Rs. 1000/- & R.I. for 5 years and fine of Rs. 2000/- respectively with further default stipulations.

(2.) In the present case, name of the victim/ deceased is Hemlal. The appellant is doing transportation business by possessing two trucks. In truck bearing registration No. CG-04 DA-9355, the deceased was engaged as driver. On 17.02.2008, the deceased left the truck at Village- Kharora and informed the appellant regarding unloading of iron ore. On 18.02.2008 when the deceased did not return with truck, the appellant moved for searching the same. The appellant took the deceased to Raipur. It is alleged that the appellant confined the deceased for three days in his house and caused hurt to compel him for restoration of truck that is why he committed suicide by hanging himself on a ceiling fan. Matter was reported and investigated and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under:-