MAHADEO KESHARI AND ANOTHER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. P.P.N. Roy, learned senior counsel appearing for the petitioners and Mr. Moti Gope, learned A.P.P.

(2.) This application is directed against the order dated 04.06.2005 passed in Criminal Appeal No. 36 of 2005 by the learned Additional Sessions Judge, F.T.C.-I, Gumla whereby and where-under the judgment and order of conviction and sentence dated 18.05.2005 passed by the learned Sub Divisional Judicial Magistrate, Gumla in Palkot P.S. Case No. 32 of 2004 whereby and where-under the petitioners have been convicted for the offence under Section 386 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years as also a fine of Rs. 2,000/- has been affirmed.

(3.) The prosecution story in brief is that on the basis of a telephonic call received on 28.09.2004 the informant proceeded towards Gobarsilli where he met two persons. It is alleged that the petitioner no. 1 demanded Rs. 1,50,000/- as extortion money. Further allegation has been levelled that the informant managed Rs. 25,000/- and proceeded to give the same near Gobarsilli Rock. It has further been alleged that the petitioner no. 1 was accompanied by the petitioner no. 2 who demanded the rest amount and also threatened the informant. It has also been alleged that about one and half months prior to the occurrence the informant was compelled to give a sum of Rs. 40,000/-.