TIKARAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) All the above appeals arise out of a common judgment and, therefore, they are decided together.

(2.) The appeals are directed against the judgment dated 18.8.2017 passed by the Additional Judge to the Court of Additional Sessions Judge, Kunkuri, District Jashpur in Sessions Trial No.12 of 2016, whereby each of the Appellants has been convicted and sentenced as under:

(3.) Facts of the case, in brief, are that on 3.1.2016, Complainant Sadanand (PW5), Field Worker of Jivan Jharna Development Institution, Kansabel lodged a written complaint (Ex.P2) stating that on 3.1.2016, he came to know that Appellant Nehru Bhuihar along with his friends induced villagers to work at Tamilnadu to get some money and on the influence of Appellant Nehru Bhuihar and his friends some of the villagers agreed to go to Tamilnadu and for that purpose they reached at the Passengers Waiting Room, Beldegi. Thereafter, Complainant Sadanand (PW5) and his friends Radheyshyam Gupta and Nishabai rushed to the waiting room where they found villagers Ajay po (PW1), Bhodro (PW2), Manoj Kujur (PW3) and a minor boy Filmon (PW6), aged about 15 years. Appellant Nehru Bhuihar and his 3 friends were also present there. Appellant Nehru Bhuihar and his said 3 friends, after having seen the Complainant and his companions, fled from the spot. On being asked, Ajay (PW1), Bhodro (PW2), Manoj (PW3) and Filmon (PW6) told that Appellants Nehru Bhuihar, Jaikumar, Bapu Harchand Walerao and Tikaram Sahu had induced them that they will be paid handsome money for working at Tamilnadu. On the basis of the written complaint (Ex.P2), First Information Report (Ex.P3) was registered. Filmon, Manoj, Bhodro and Ajay were recovered from the possession of the Appellants vide recovery memo (Ex.P1). During the course of investigation, Filmon's progress report (Article 1) of 5th Standard was obtained from Ramiyabai, mother of Filmon. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the Appellants. Charges were framed against them.