JADHUNANDAN RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present criminal appeal is directed against the judgment of conviction under Section 420 of the Indian penal Code and order of sentence for seven years' rigorous imprisonment with fine stipulation of Rs. 5,000 to each of the appellants. The fine amount after realization was directed to be paid to the mother of the deceased by way of compensation and in default to suffer rigorous imprisonment for a period of two years each passed by the Additional Sessions Judge, FTC-II, Dhanbad in sessions Trial No. 179 of 2000.

(2.) THE brief facts of the case of the informant Kuldeep Singh presented as written report before Dhanbad (Dhansar) police was that on 5. 9. 1998 his brother Diljeet Singh committed suicide by drowning in Chhat talab out of frustration and deception caused by the appellants. It was further stated that the appellants had obtained a sum of Rs. 70,000 frpm Diljeet Singh and also obtained signature of the mother of the deceased channi Devi (PW4) on separate blank papers on assurance that the appellants would get certain land settled within 120 days her name. After lapse of 20 days when Diljeet singh approached the appellants and demanded the settlement papers as per their assurance, he was asked to wait for another 10-15 days and even thereafter on his repeated demand when the appellants ultimately refused either to deliver settlement papers of the land or to return the money, such refusal put Diljeet Singh under frustration on the act of deception of the appel-lants which culminated into his suicide by drowning. The informant further narrated that prior to such incidence a panchayati was convened on the instance of Municipal Ward commissioner and the appellants sought for latitude of two months to refund the money to which they did never refund and in disgust Diljeet Singh committed suicide on 5. 9. 1998.

(3.) THE police lodged FIR on the written report vide Dhanbad (Dhansar) PS Case No. 651/98 for the offence under Sections 306/ 149/420/120b of the Indian Penal Code and after investigation submitted charge-sheet. Accordingly charge was framed against all the three appellants under Sections 306/420/ 120b of the Indian Penal Code by the trial judge to which they pleaded not guilty and claimed to be tried.