SHAUKAT ALI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since all these three revisions pertain to the same incident, they are being disposed of by this common order.

(2.) CRR No. 426/2006 and CRR No. 504/2006 : As per the FIR (Ex. P-1) lodged by Naresh (PW-2), the accused/applicants who were already acquainted to Hemnath (PW-5) contacted the complainant and on the pretext of doubling the amount they obtained Rs.30,000 from him on different occasions and when he approached them for return of the amount, they continued beguiling him on one pretext or the other including that their boss was out of station and the machine was not available. When the complainant did not receive the amount and was fed up with the fake assurance of the accused Murlidhar, he eventually lodged the report on the basis of which offence under Section 420/34 IPC was registered against the accused/applicants herein and two others. After completion of investigation charge sheet was filed against them under the same section followed by framing of charge accordingly. Learned Magistrate convicted the accused/applicants under Section 420/34 IPC and sentenced each of them to undergo RI for three years and pay fine of Rs.5000, plus default stipulations. Learned lower appellate Court vide judgment impugned dated 27.06.2006 upheld the findings recorded by learned Magistrate as a whole. Hence these revisions.

(3.) CRR No. 492/2006:- This case pertains to FIR (Ex.P-1) lodged by Siryaram (PW-6) against accused Dhanaji, Gayaram and Murlidhar to the effect that they with the assistance of Anandram (PW-4) contacted him and raised demand of Rs.10,000 on the pretext of doubling the same within 7 days therefrom. Accused Dhanaji had told him to return the amount after doubling-tripling after an hour and then extended the time to a day or two as the machine was not functional and that their employee was out of station. Ultimately when the accused/applicants did not return the amount paid by Siyaram (PW-6), FIR (Ex.P-1) came to be lodged against them under Section 420/34 IPC, after investigation the charge sheet was filed followed by framing of charge accordingly. Learned Magistrate convicted the accused persons including the applicant herein under Section 420/34 IPC and sentenced each of them to undergo RI for three years and pay fine of Rs.5000, plus default stipulations. Learned lower appellate Court vide judgment impugned dated 27.06.2006 upheld the findings recorded by learned Magistrate as a whole. Hence these revisions.