NARENDRA PRATAP SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application is directed against the judgment dated 29th September, 2014 passed by the learned Additional Sessions Judge-XII, Dhanbad in Criminal Appeal No. 96 of 2014, whereby the appeal preferred by the petitioner was dismissed and the judgment of conviction and order of sentence dated 20th June, 2014 passed by the learned Judicial Magistrate 1st Class, Dhanbad in G.R. No. 1800 of 2006, corresponding to T.R. No. 1829 of 2014, whereby the petitioner was found guilty for the offence under Sections 419 and 420 of the Indian Penal Code and was sentenced to undergo R.I. for three years with a fine of Rs. 5,000/- for the offence under Section 419 IPC and R.I. for three years with a fine of Rs. 5,000/- for the offence under Section 420 of the Indian Penal Code and the sentences were directed to run concurrently, has been affirmed.

(2.) The prosecution case, in brief, is that on 23.01.2006 the informant gave written information to the police, which was instituted on 09.06.2006 alleging therein that the informant's uncle namely Raj Narayan Singh died on 17.06.2004 at Banaras and due to this his younger brother - Ashok Kumar Singh and other family members had participated in his cremation. After the cremation and rituals, Ashok Kumar returned to Dhanbad and told the informant that Nirmal Kumar Singh, son of late Raj Narayan Singh was still alive and he had talked with him. The informant became astonished to see that in the invitation cards as well as in the Hindustan Daily News Paper dated 29.06.2004 there was no name of Nirmal Kumar Singh, as son of late Raj Narayan Singh rather a new name Narendra Pratap Singh, son of late Raj Narayan Singh was written. The informant-Uday Shankar Singh himself has seen Nirmal Kumar Singh in the Shradh Karm. As per the informant, Raj Narayan Singh had two wives, namely, Mahendra Devi and Tileswari Devi and one son Nagegshwar Prasad Singh from his first wife Mahendra Devi. He had five sons namely Dineshwar Pd. Singh, Vijay Kumar Singh, Nirmal Kumar Singh, Vijay Pratap Singh and Om Prakash Singh and two daughters namely Meera Devi and Sunaina Devi from his second wife-Tileshwar Devi, whose name has been mentioned in the voter list of 1988. The informant has annexed the copy of voter list. It has been further alleged that Nirmal Kumar Singh had been convicted in Sessions Trial Case No. 20 of 1980 under Section 302 of the Indian Penal Code on 24.03.1986 by the learned 5th Additional Sessions Judge, Dhanbad and in Criminal Appeal No. 89 of 1986 the said conviction was confirmed by the Hon'ble High Court and the bail of accused Nirmal Kumar Singh was rejected and he was directed to be taken into custody. Thereafter, accused Nirmal Kumar Singh filed an S.L.P. before the Hon'ble Supreme Court on 10.08.1988, but he did not surrender in the Court and the said S.L.P. was also dismissed in August, 1994. The informant has annexed the copy of orders. As per the informant, the sons and daughters of Raj Narayan Singh hatched criminal conspiracy and got Nirmal Kumar Singh declared dead in a boat accident in river Ganga on 06.08.1988 and dead body could not be found. The informant has annexed the photo copy of death certificate of Nirmal Singh. Thereafter accused petitioner along with his family members coming in criminal conspiracy kept the name as "Narendra Pratap Singh" in place of 'Nirmal Kumar Singh'. Similarly, the name of wife of Nirmal Kumar Singh-Manisha Singh was converted to Manjula Devi and in 1995 voter list, her name has been shown as wife of Narendra Pratap Singh. The informant has annexed the photo copy of voter list of booth no.163. There is no name Manjula Devi as widow of Nirmal Singh in the voter list and Nirmal Singh is still alive and he is wandering in the name of Narendra Pratap Singh. Apart from that the accused and others withdrew the insurance amount of Nirmal Singh showing him dead and also received Rs.5000/- from the Government as accidental death and Rs.1,06,000/- from insurance company. As per the informant Nirmal Singh is evading the conviction imposed on him by the Court.

(3.) On the basis of the written statement of the informant, Bank More P.S. Case No. 393 of 2006 was registered by the police and after completion of investigation the police submitted charge-sheet against the petitioner along with other accused persons. The charges were framed against the petitioner along with other co-accused and they pleaded not guilty and claimed to be tried.