BHIKHAM RAM KHANDEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 11th of September, 1998 passed in Criminal Appeal No. 2/98 by the Sixth Additional Session Judge, Bilaspur. By the impugned judgment, the appeal filed by the applicant against the judgment and order dated 27th of December, 1997 passed in Criminal Case No. 113/95, whereby the applicant was convicted u/s 420 IPC and sentenced to undergo R.I. for 2 years and to pay fine of Rs.1,000/-, has been dismissed.

(2.) THE facts, briefly stated, are as under:- Bhakla Ram (PW-9) is cousin of Ram Kumar (PW-1). Both were unemployed. THE applicant was working as Assistant Teacher in Middle School Takhatpur. In the month of July, 1987, the applicant met Ram Kumar (PW- 1) and Bhakla Ram (PW-9) and demanded Rs.15,000/- from? each for managing jobs for them. In fact, he cheated them and realized Rs.12,500/- each from Ram Kumar (PW- 1) and Bhakla Ram (PW-9). He assured them to manage jobs of teacher-ship or clerk. Ram Kumar (PW-1) and Bhakla Ram (PW-9) had made arrangement of money by selling their landed properties. After realizing the money, on one day, the applicant took them to Bilaspur. He took them to the office of Dy. Director Education, got them seated in front of the office and went inside the office. After 10 minutes, the applicant came out from the office along with a person. He introduced him as Reader to District Education Officer and told the complainants that their work will be done. THE applicant told Ram Kumar (PW-1) and Bhakla Ram (PW-9) to bring 3 copies of their photograph, caste-certificate, photocopy of mark-sheets and registration number etc. After 4-5 days Ram Kumar (PW-1) and Bhakla Ram (PW-9) met the applicant along with above documents. THEy handed over their documents to the applicant, on which the applicant again assured them and said that now they are not required to come and they would be getting employment shortly. When nothing was heard for about 1-1+ months, Ram Kumar (PW-1) and Bhakla Ram (PW-9) again went to Takhatpur and met the applicant. This time the applicant showed them a post-card and told Ram Kumar (PW-1) that his work has been done and he will get employment shortly. Ram Kumar (PW-1) took the post- card with him and returned to his village. THEreafter Ram Kumar (PW-1) and Bhakla Ram (PW-9) met the applicant repeatedly, who always assured them. When nothing was heard for a long time, Ram Kumar (PW-1) and Bhakla Ram (PW-9) went to Ex.MLA, Shiv Prasad (PW- 18), and they all met the applicant. THEy demanded their money, on which, the applicant assured them to return their money within a month. When the applicant did not return their money, Ram Kumar (PW-1) lodged a written report (Ex.-P/1) in Police Station Takhatpur, on which Crime No. 47/88 was registered against the applicant u/ss 420, 467 & 468 IPC. Various stamp papers relating to land transactions for certain amounts were seized during the course of investigation to show that the money was managed by Ram Kumar (PW-1) and Bhakla Ram (PW-9) by selling their landed properties at the relevant time. THE post-card said to be handed over by the applicant to Ram Kumar (PW-1) was also seized. In the written report (Ex.-P/1), Ram Kumar (PW-1) also made mention about one Ashwani Kumar (PW-6) about whom the applicant had told him that Ashwani Kumar (PW-6) was 10th fail and the applicant had managed certificate of 11th pass and he also got transfer certificate of the concerned institution showing Ashwani Kumar (PW-6) as 11th pass. THEse documents were also seized during the course of investigation after the above report and a consolidated charge-sheet of cheating Ram Kumar (PW-1), Bhakla Ram (PW-9) and Ashwani Kumar (PW-6), in the above manner, was filed against the applicant. THE learned Magistrate mainly relied on the testimonies of Ram Kumar (PW-1), Ashwani Kumar (PW-6) and Bhakla Ram (PW-9) and held that the applicant had cheated them in the above manner, therefore, he was liable for punishment u/s 420 IPC. THE applicant was, thus, punished u/s 420 IPC and sentenced to undergo R.I. for 2 years and to pay fine of Rs.1,000/- with default sentence of R.I. for 1 month, which was affirmed in appeal.

(3.) I have heard learned counsel for the parties at length and have also perused the records of the courts below.