GITA DEVI Vs. STATE OF JHARKHAND ON

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 22nd September, 2001 and order of sentence dated 24th September, 2001 passed by 7th Additional Sessions Judge, Palamau at Daltonganj in Sessions Trial No.106 of 1985 holding the accused Sudama Thakur and Shiv Kumar Thakur guilty for the charges under Sections 367 and 370 of the Indian Penal Code and convicted for the same. Accused Pannalal Bind was found guilty under Sections 374 and 323 of the Indian Penal Code but he was acquitted of the charges under Section 367 of the Indian Penal Code. The convicts Sudama Thakur and Shiv Kumar Thakur were found guilty under Sections 367 and 370 of the Indian Penal Code but they were sentenced under Section 367 of the Indian Penal Code. No separate sentence under Section 370 of the Indian Penal Code was awarded as a result convicts Sudama Thakur and Shiv Kumar Thakur were sentenced to undergo rigorous imprisonment for seven years each whereas convict Pannalal Bind was sentenced to undergo rigorous imprisonment for six month each under Sections 374 and 323 of the Indian Penal Code. Both the sentences shall run concurrently. The court further held that there is no need to impose any fine upon convict Sudama Thakur and Shiv Kumar Thakur under Section 367 of the Indian Penal Code.

(2.) The short fact of the case is that Officer-in-Charge of Patan Police Station registered a case under Section 363A IPC against Shiv Kumar Thakur, Sudama Thakur and Panna Babu on 26.03.1984 after recording the fardbeyan of Ganga Bhuiyan S/o Sukhdeo Bhuiyan resident of village Chhichhori P.S. Patan, District Palamau wherein it was alleged that two and half months before accused Shiv Kumar Thakur and his brother Sudama Thakur took away 1. Kodu Bhuiyan 2. Krishna Bhuiyan 3. Birendra Bhuiyan 4. Vikaram Bhuiyan, 5. Koilar Bhuiyan 6. Mogal Bhuiyan 7. Bholta, 8. Karikha Bhuiyan 9. Shyamdev Bhuiyan 10. Vijay Bhuiyan 11. Bachhan Bhuiyan 12. Nathu Bhuiyan, 13. Preman Bhuiyan 14. Ganesh Bhuiyan 15. Vinod Bhuiyan 16. Rajdhani Bhuiyan 17. Parmod Sah 18. Japta Mochi 19. Naresh Mochi, 20. Suresh Mochi 21. Jogan Mochi 22. Innar Mochi 23. Vinod Mochi 24. Ramadhar Mahto 25. Shivnath Thakur 26. Raghubans Mochi 27. Munni Mochi 28. Madan Mahra in the factory of Panna Babu resident of Mirzapur in the State of Uttar Pradesh for working as labourer. Shiv Kumar Thakur disclosed that he was a Munsi in the factory of Panna Babu which was situated in village Belbariya, P.S. Chilku, District-Mirzapur (U.P.). The further case of prosecution is that when Ganga Bhuiyan, informant of this case and Banbari Bhuiyan went to see their sons in the factory of Panna Babu then they found that all the boys were knitting carpet. The health of the boys were found deteriorated. The boys told them that the foods are not provided in time. When the informant tried to take away his son, then Panna Babu told him that he can set the boy free after clearance given by Shiv Kumar Thakur who was maintaining their accounts. But Shiv Kumar Thakur did not permit informant to take away his son. The wages of boys were also unpaid. After investigation of the case, charge sheet under Sections 365, 367, 368, 374, 370, 323, 120(B) of the Indian Penal Code against all the accused persons were submitted. The defence took the plea of false implication in this case. The prosecution altogether examined 26 witnesses whereas defence has examined only one witness Sudama Thakur, who is also one of the accused in this case. The defence has also produced Attendance Register from January,1984 to April, 1984 of the office of Veterinary Hospital, Bishrampur, District-Palamau marked as Ext.A, Certified copy of Judgment dated 29.05.1989 of Sessions Trial No.105 of 1985 of the Court of Additional District & Sessions Judge-VI, Palamau marked as Ext.B and Certified copy of Charge sheet of G.R. Case No.537 of 1984 marked as Ext.-C. The Court after due consideration of the evidences adduced in the case, held Sudama Thakur, Shiv Kumar Thakur and Pannalal Bind guilty and sentenced them accordingly.

(3.) It may be mentioned here that Babul Bind died during trial of this case whereas Mansa Ram was acquitted of the charges under Sections 367, 374 and 323 IPC