DINESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Ashok Tiwary @ Munna Tiwary who was put on trial in ST Case No.57 of 2021 on the charge under Sec. 364-A, 365, 386, 379 and 307 read with Sec. 34 of the Indian Penal Code has been acquitted of the aforesaid criminal charges by a judgment dtd. 12/4/2022 rendered by the District and Additional Sessions Judge-I, at Godda.

(2.) Dinesh Kumar @ Dinesh Singh who is the informant of Godda (Town) PS Case No.235 of 2019 being aggrieved of the judgment dtd. 12/4/2022 passed in ST Case No.57 of 2021 has filed the present acquittal appeal by virtue of proviso to Sec. 372 of the Code of Criminal Procedure, 1973.

(3.) A First Information Report was lodged on 14/9/2019 under Sec. 364-A, 365, 386, 379 and 307 read with Sec. 34 of the Indian Penal Code against Ashok Tiwary @ Munna Tiwary, Chikku Choudhary, Sonu Choudhary, Annu Singh, Rahul Sah, Amit Tiwary, Abhay Kumar and Pappu Jha. In the written report given to the officer-in-charge of Godda (Town) PS, the informant made serious allegations of his abduction and assault with the butt of a pistol by Munna Tiwary and an attempt by the other accused to strangulate him with gamcha. According to the informant, Munna Tiwary called him at his house on 6/8/2019 and inquired and asked him about Rs.2.00 crores. He and the other accused tortured him the whole night and took his signature over a blank cheque-book and 15 blank letterheads. In the morning, Munna Tiwary dumped him in a red-color Bolero and brought him to the house of Pappu Jha and made a call to his daughter at mobile no. 9661648273 and asked her to discuss with her family about payment of ransom. Munna Tiwary made a call from mobile no. 7008472800 to his wife also at her mobile no. 6201617741 and demanded Rs.50.00 lakh as ransom. He brought him to Godda on 7/8/2019 and released him around 08.00 PM the same evening. In his written report, the informant claimed that his Bolero bearing no. JH01 BG8201 was forcibly retained by Munna Tiwary and, that, he was in possession of the call recordings of the conversation with Munna Tiwary. The informant further stated that he was so frightened that he did not come out of the house for about one month and, in the meantime, Munna Tiwary took away all vehicles, machines, trailers, etc.