SURENDRA KUMAR BAIRAAGI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision has been preferred against the judgment dated 20.2.2004 passed in Criminal Appeal No.143 of 2002 by the 2 nd Additional Sessions Judge, Raigarh by which the judgment dated 27.11.2002 passed in Criminal Case No.1705 of 1998 by the Chief Judicial Magistrate, Raigarh convicting the accused/Petitioner for offence under Section 379 of the Indian Penal Code (henceforth 'IPC') and sentencing him to undergo rigorous imprisonment for 6 months and to pay fine of Rs.200/-, in default of payment of fine, to further undergo rigorous imprisonment for 1 month, has been affirmed.

(2.) The case of the prosecution before the Trial Court was that Complainant Prakash Kindo (PW-1) was employed as Manager in the District Industries Centre, Raigarh and he was allotted a Rajdoot Motorcycle bearing registration No.CPL 5088 by the Government. On 12.11.1998, at about 10:30 a.m., he reached his office, i.e., the District Industries Centre, Raigarh, parked his motorcycle and began his official work in the office. At about 3:30 ­ 4:00 p.m., Onkar Das Bairagi and accused Surendra Kumar Bairaagi came to his office for the purpose of sanction of loan and at about 4:15 p.m. both of them went out of the office. At about 4:30 p.m., when Complainant Prakash Kindo (PW-1) came out of his office, he found that his motorcycle was missing. He searched for the motorcycle, but he did not find the same. A suspicion raised in his mind against Onkar and accused Surendra. Therefore, he lodged First Information Report (Ex.P-1) against Onkar and accused Surendra in Police Station Chakradharnagar, District Raigarh on 13.11.1998 on which Crime No.142 of 1998 was registered against both of them under Section 379 IPC. During the investigation, spot-map (Ex.P-2) was prepared. Memorandum (Ex.P-7) of accused Surendra was recorded and the Rajdoot Motorcycle bearing Engine No.19111355 and Chassis No.115358855 was seized from his house at Village Pusaur vide Ex.P-6. Surendra was arrested vide arrest memo Ex.P-8. On completion of the investigation, a charge-sheet was filed against Surendra under Section 379 IPC in the Court of Chief Judicial Magistrate, Raigarh.

(3.) The Trial Court framed charge against accused Surendra for offence punishable under Section 379 IPC. He denied the guilt and claimed for trial. Statements of witnesses were recorded before the Trial Court. Statement of accused Surendra was recorded under Section 313 of the Code of Criminal Procedure (henceforth 'Cr.P.C.') in which he took a defence that he had presented an application for sanction of loan for the purpose of opening an electrical and motor winding shop. Complainant Prakash Kindo (PW-1) had demanded bribe of Rs.15,000/- for sanction of the loan. At that time, Pandey (Chhedi Lal Pandey, PW-2) was also present there and he had said that if the sum of Rs.15,000/- is given by the accused, his loan will be sanctioned. The Trial Court convicted and sentenced the accused/Petitioner as mentioned in the first paragraph of this order. Against the judgment of conviction and sentence passed by the Trial Court, the accused/Petitioner preferred an appeal, being Criminal Appeal No.143 of 2002 before the Court of Session at Raigarh. The 2 nd Additional Sessions Judge, Raigarh, vide judgment dated 20.2.2004, dismissed the criminal appeal and affirmed the judgment passed by the Trial Court. Hence, this revision.