ARUN KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) No one appears for the petitioner. However, Mr. Anand Kumar Pandey, learned APP and Ms. Madhulika Dasgupta, learned counsel appearing for the informant are present.

(2.) This application is directed against the judgment dated 05.07.2008 passed in Criminal Appeal No. 26 of 1998 by the learned Sessions Judge, Dhanbad, whereby and whereunder, the judgment and order of conviction and sentence dated 003.1998 passed by learned Judicial Magistrate, 1st Class, Dhanbad in G.R. Case No. 127 of 1997 (T.R. No. 747 of 1998, convicting the petitioner for the offences punishable u/s 387 of the Indian Penal Code (I.P.C.) and sentencing him to undergo R.I. for 03 years along with fine of Rs. 3,000/- has been affirmed.

(3.) The prosecution story in brief is that the informant was running a readymade garment shop in the name and style of Juno Garments at Park Market, Hirapur. It has been alleged that on 18.01.1997, the petitioner along with his associates came at about 4.00 p.m. and demanded Rs. 2,000/- as extortion money. It has been further alleged that when the informant refused to pay, the petitioner abused him and when the informant and the staff Harish Prasad protested, the petitioner gave a blow with an iron rod on the head of Harish Prasad and blood started trickling out. Further allegation has been levelled that the petitioner and his associates after showing pistol went away by taking Rs. 1200/- from the drawer. Based on the aforesaid allegation G.R. Case No. 127 of 1997 was instituted in which after investigation charge-sheet was submitted against the petitioner and after cognizance was taken, charge was framed u/s 386 I.P.C. and trial proceeded.