SUNIL KUMR DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal revision is directed against the judgment dated 28.01.2014 passed by the learned Addl. Sessions Judge-II, Deoghar in Criminal Appeal No. 136 of 2004 affirming the order dated 18.10.2004 passed by the learned Addl. Chief Judicial Magistrate (Special Juvenile Court), Deoghar in connection with Deoghar P.S. Case No. 213 of 2001 corresponding to G.R. No. 626 of 2001/T.R. No. 85 of 2004, whereby the juvenile-petitioner was held guilty for the charges under Sections 364A/302/201/120B read with 34 of the Indian Penal Code (for short IPC) and the father of the petitioner was ordered to execute personal bond of Rs. 10,000/- along with two local sureties and the petitioner was directed to maintain good behaviour for two years and under the supervision of the Probation Officer, Deoghar. He was directed to mark his attendance at the end of every month before the Probation Officer, who would submit a bi-annual report to the Court/Board.

(2.) Brief fact of the prosecution's case is based on the written report (Ext.1) dated 09.10.2001 of informant Samir Kumar Mukherjee (P.W.8); that he had been residing in his newly constructed house at Castor Town since July. That on 08.10.2001, at 6 p.m., his wife-Sujata Mukherjee (P.W.10) told him that sealed envelope containing a letter was kept at the gate. In the letter, ransom of Rs. 2 lakhs was demanded and if he wanted to save his son the said amount should be delivered and kept on 10.10.2001 near the electric pole in front of the house of Madan Mohan Prasad. It contained a warning not to inform the police. His wife told him that his son-Arpan Mukherjee (alias Jai) had returned home from the school at 4 p.m. and after having his meal, he left the house at 4.30 p.m. telling her, P.W.10, that he was going to the house of Sunil Das and would return in 10 minutes. It is stated that Sunil Das's family resided in the house of Madan Mohan Prasad where the informant had earlier resided as a tenant. Since his son did not return, P.W.8 became suspicious and went in search of his son. That in the meantime, at 5.30, Sunil Das came to his house asking the whereabouts of Jai whereupon his wife (P.W.10) told Sunil Das that Jai had gone to his house. It is alleged that his son had been kidnapped to fulfill the ransom demand of Rs. 2 lakhs.

(3.) On the basis of the F.I.R investigation was conducted and chargesheet submitted against Sunil Kumar Das, Prakash Kumar Das, Deo Krishna Prasad, Rajendra Thakur and Amit Kumar Gupta whereafter cognizance was taken under Sections 302, 364A, 201, 120B read with 34 IPC. The petitioner was found to be a juvenile, accordingly, his case was transferred before the Juvenile court where he faced the enquiry. The court found him guilty for the offences under the aforesaid Sections whereafter on appeal judgment of the Special Magistrate, Juvenile Court was upheld and affirmed by the impugned order of the appellate court.