SHEOJEE JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal is directed against the judgment of conviction dated 13.02.2010 and order of sentence dated 16.02.2002 recorded by Shri William Minj, 1st Additional Sessions Judge, Bokaro in S.T. No. 409 of 1998 by which the appellant was convicted under Section 364 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a term of 10 years with the set off. The offence was related to kidnapping of a minor boy for ransom, who was later on recovered.

(2.) The prosecution story, as it stands narrated in the written report of the informant P.W. 6 Ajay Kedia, was that on 20.08.1997 his son Shivam Kedia, aged about 9 years, a student of class-II at St. Xaviers School, Sector-I, Bokaro returned, as usual, at about 1.30 p.m. from the school and alighted from the school bus along with the other students at the bus stop situated at Biada colony. The house of the informant was situated at quarter No. 55, Lohanchal Colony at some distance from the said bus stop. He further narrated that his son Shivam Kedia had hardly covered 30/40 steps from the bus stop on his way back to home in the meantime a white Ambassador car came and stopped near him. One of the occupants of the Ambassador car came out and kidnapped his son and the car proceeded on the way towards the police line. The registration number plate of the Ambassador car was not visible as the same was covered with dung. The occurrence was informed to the informant by the children, who had alighted from the bus with Shivam. The informant was stunned having been come to know about the occurrence and from the circumstances he had reason to believe that the culprits kidnapped his son either to blackmail him or that his son would be killed. The informant mentioned an instance implicating the appellant Sheojee Jha that he was the driver of his car in his employment some five months prior to the alleged occurrence. The appellant used to live in Sector-12B at quarter No. 2016. The informant further narrated that in spite of his strict instruction the driver Sheojee Jha (appellant) used to come drunk on duty and that having been fade up of his incorrigible conduct, he removed him from his job only 3/4 months prior to the alleged occurrence, of course, after making full payment. The informant alleged that consequently, Sheojee Jha (appellant) threatened him of dire consequences. The informant several times spotted him roaming around his house for the last few days sitting in an Ambassador car and for such reason he suspected that Sheojee Jha (appellant) kidnapped his son with the aid of other culprits either with mala fide intention or for ransom. On the basis of the written report, the police registered B.S. City P.S. Case No. 269 of 1997 on 20.08.1997 for the alleged offence under Sections 364/364A/34 of the Indian Penal Code against the appellant Sheojee Jha and others and proceeded with the investigation. During course of investigation, the Ambassador car which was used in the alleged kidnapping was seized from Tatanagar whereas the kidnapped child was recovered from Purulia (West Bengal) by the Investigating Agency and the accused were arrested, who confessed their guilt that they had kidnapped the boy for ransom and charge-sheet was submitted against 5 accused persons namely Sheojee Jha (appellant) (2) Atul Kumar Akhouri (3) Prem Sagar Ram (4) Mausam Chatterjee and (5) Santosh Tewari for the offence under Sections 364/364A/34 of the Indian Penal Code. Accordingly, charges were framed against them after commitment of case in two counts viz. 364/34 and 364A/34 of the Indian Penal Code by the 1st Additional Sessions Judge, Bokaro. The accused pleaded not guilty and claimed their trial. Altogether eight witnesses were produced and examined on behalf of the prosecution. Besides, the prosecution proved the signature of the witness S.K. Rastogi on the seizure list Ext.1, seizure list Ext. 2, Fard Bayan of the informant Ext. 3, formal F.I.R. Ext. 4 and another seizure list Ext. 2/A.

(3.) P.W. 1 Ajit Kumar claimed to be the eye-witness of the occurrence. He testified that on 20.08.1997 at about 1.15/1.30 p.m. he was getting some repair work done at the roof of his house and from there he witnessed the school bus of St. Xaviers school stopped at the bus stop of Sector-12. Consequently, some children alighted from the bus and amongst them he spotted Shivam, who was the son of Ajay Kedia. A white Ambassador car, which was parked there from before with a person standing outside the car, lifted the boy Shivam who was returning home and kidnapped him by putting in the car. He gathered from the other children that the person who kidnapped the boy was the driver Sheojee Jha of Ajay Kedia. In the meantime, Ajay Kedia and his brother Anand Kedia arrived at the bus stop. The informant apprised him that a few days prior to the alleged occurrence he had removed the driver Sheojee Jha from his employment and that Sheojee Jha was pressurizing him to take him back in the job and he had extended threat to him in this connection. He further testified that on witnessing that his son was kidnapped by his old driver Sheojee Jha, Ajay Kedia raised alarm whereupon he came out from his roof to the place of occurrence. The registration number plate of the vehicle was not visible as it was found covered with the dung mixed with mud. He learnt that the boy Shivam was recovered after 2/3 days of the occurrence from West Bengal side. The witness stated in his cross-examination that the house of Ajay Kedia was situated at the distance of about 200 yards from his house with the intervening 3/4 houses of S.D. Singh, K.P. Singh and S.K. Vishwakarma and the bus stop of Sector-12 was situated in the north at the distance of 400-500 yards. He could not say the names of the boys from whom he could gather that the culprit, who had lifted Shivam was Sheojee Jha. His statement was recorded by the police after about a day or two of the occurrence. He further admitted having seen Sheojee Jha prior to the alleged date of occurrence and Ajay Kedia had apprised him immediately after alleged occurrence about the conduct of Sheojee Jha and threat extended by him some 4/5 days ago. The witness stated that Sheojee Jha used to drive the Ambassador car with its registration number B.R.20B8595 of Ajay Kedia and now another driver Devanand used to drive the said car of Ajay Kedia and he had occasion to travel by said car when its driver was Sheojee Jha. He denied the suggestion that Sheojee Jha was falsely implicated on account of altercation which took place when Sheojee Jha had come to raise fund for the celebration of ?Durga Puja?. He identified the accused Sheojee Jha in the dock.