LUSA MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application is directed against the judgments passed by the learned District and Additional Sessions Judge-1st, Jamtara, in Criminal Appeal No. 07 of 2012 and Criminal Appeal No. 08 of 2012, whereby the learned appellate court has dismissed both the appeals by its separate judgment, both dated 29.04.2013, and confirmed the sentence of the petitioners namely, Lusa Mahato and Manoranjan Rai, passed by the learned Judicial Magistrate-1st class, Jamtara vide its judgment and sentence dated 13.01.2012 in G.R. Case No. 497 of 1998 (T.R. No. 316 of 2012), whereby both the petitioners have been found guilty, for the offence under Section 406 IPC and awarded sentence to undergo R.I. for one year.

(2.) The prosecution case is based upon the written application of the informant-Parash Nath Choudhary, the then B.D.O. of Jamtara. It has been stated that petitioner No. 1 namely, Lusa Mahato had undertaken contract work for construction of primary school building at village Barjora, under the Sunischit Rozgar Yojna, vide scheme No. 66/95-96 and for that an agreement was executed and as per agreement, the petitioner No. 1 was to complete the entire work by 20.06.1996. However, the same was extended till 30.09.1996, but in spite of the extension till 30.09.1996, the work undertaken by the petitioner No. 1 could not be completed. It has been further alleged that the total contract amount was of Rs. 76,300/- and out of which Lusa Mahato took advance of Rs.63,500/- and the work was done for only Rs.33,019/-. The similar allegation has been made in the said report against the petitioner No. 2-Manoranjan Rai. It has been alleged that petitioner No. 2 took advance of Rs.1,16,725/-, out of Rs.1,73,600/-, but he completed the work only to the tune of Rs.87,534/- and the work to the tune of Rs. 29,191/- was not completed. In this way, both the contractors have misused the Government's amount to the tune of Rs.30,481/- and Rs.29,191/- respectively.

(3.) On the basis of written report of the informant, formal FIR was registered and after completion of investigation, police submitted the charge-sheet, under Section 420 and 406 of the Indian Penal Code against the petitioners and cognizance was taken. The petitioners pleaded not guilty and sent up for trial.