LAWS(JHAR)-2018-9-89

RAJU TURI Vs. STATE OF JHARKHAND

Decided On September 24, 2018
Raju Turi Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard Mr. Rajesh Kumar, learned counsel, appearing for the petitioner and Mr. Tapas Roy, learned APP for the State.

(2.) This application is directed against the judgment dated 26.05.2008 passed by learned Additional Sessions Judge, Simdega in Criminal Appeal No. 11 of 2008, whereby and whereunder, the judgment and order of conviction and sentence dated 29.02008 passed by learned Sub Divisional Judicial Magistrate, Simdega in G.R. Case No. 173 of 1999 (T.R. No. 130 of 2008), convicting the petitioner for the offences punishable under section 420 and 120B of the Indian Penal Code (I.P.C.) and sentencing him to R.I. for 02 years and a fine of Rs. 1,000.00 for the offence under section 420 I.P.C., has been affirmed.

(3.) The F.I.R. reveals that on 07.07.1999, the informant and his associates Patras Bada went to Tamra Kumhar Toli on his Hero Honda motorcycle to the house of Jainath Turi. It has been alleged that earlier on 07.04.1999 Jainath Turi and his sons had taken an amount of Rs. 10,000.00 from Patras Bada on the allurement that the money will be doubled. It has been alleged that when it was not returned Patras Bada and the informant demanded the money but they had threatened. On 07.07.1999 the petitioner had taken the motorcycle of the informant but he did not return and on 08.09.1999 the informant and others had apprehended Jainath Turi and Ramdhari Turi as they had begun to flee away and thereafter instituted an F.I.R. After Simdega P.S. Case No. 55 of 1999 was registered against the petitioner and others, investigation was conducted which resulted in submission of charge-sheet and after cognizance was taken, charge was framed against the accused persons under section 420 and 120B I.P.C. to which the accused persons pleaded not guilty and claimed to be tried. 2.