JALAMSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision has been filed by the applicant against the judgment and finding dated 19-12-2001 passed by the VII Addl. Sessions Judge, Indore in Cr. A. No. 239/2001 arising out of the judgment and finding dated 17-8-2001 passed by the Judicial Magistrate First Class, Indore in Criminal Case No. 1283/85 affirming the conviction and sentence of three years' R.I. and fine of Rs. 2,000/- under S. 394, IPC and fine of Rs. 500/- under Section 342, IPC.

(2.) The prosecution case in short before the trial Court was that on 2-2-95 at 10-30 p.m. Surendra Kumar Pradhan proceeded from Hanuman Kadel Dharmashala, Indore to Kastur Talkies. On the may at a betel shop, two persons were standing from whom, he inquired about the location of Kastur Talkies. They asked him, from where he had come. The present applicant also disclosed his name and about the residence of his sister-in-law at Kishangarh, Ajmer. The applicant Jalamsingh offered him betel. After ten minutes of chewing the betel leave, he felt for going to answer the call of nature. The applicant took him to the house of co-accused Ravindra. After answering the call of nature, he was offered for taking liquor which was refused by him. It is further alleged by the prosecution that the applicant levelled allegation against the complainant that he had come to Indore as a spy and also disclosed himself as man of CID. The co-accused Ravindra assaulted him by fists. He was tortured for a long time by beating as well as burning his skin with hot-iron-rod. His fortyfive rupees and a wrist-watch were also robbed by them. The accused persons demanded Rs. 2000/- more for releasing him and got written a letter in the name of Shivashankar alias Mahesh Pradhan and Laxminarayan Pradhan who were the companions of the complainant stayed with him in the Dharamshala. Thereafter, both had taken the complainant in an auto-rickshaw at the Dharmashala where Surendra Pradhan (complainant) disclosed about the incident and the applicant and co-accused Ravindra were caught then and there. They were taken to the Police Station where the First Information Report was lodged, and Crime No. 44/93 for the offences under Ss. 341, 323, 324, 342, 394 and 506 read with S. 34 of the Indian Penal Code was registered and both the accused persons were arrested. From the possession of the co-accused Ravindra a wrist watch and fortyfive rupees were recovered vide memorandum Ex. P/4. The complainant was medically examined. His medical report in Ex. P/8. The doctor found two burn-injuries over mandible and left cheek and a contusion.

(3.) After usual investigation, charge-sheet was filed. The applicant had abjured the guilt. According to the applicant, he was in Flying Squad duty of D.R.P. Lines. He has denied his presence on the spot and submitted that he was on duty with Flying Squad of Forest Department. In his defence, he examined three witnesses namely, Ramgopal, Savita and Ganesh Verma. The learned Trial Court, after examining the prosecution and defence witnesses as well as hearing both the parties, convicted the applicant for the offences under S. 342, 324 and 394. In appeal, the applicant was acquitted from the charge under S. 324 of the IPC and his conviction was upheld for the offence under Section 394 and 342 of the Indian Penal Code.