STATE OF U P Vs. RAM DHANI PANDEY

JUDGEMENT

(1.) This appeal has been filed by the State against the acquittal of Respondent Ram Dhani Pandey by the Additional Sessions Judge, Mirzapur, on charges under Section s 420, 466 and 471 IPC.

(2.) The facts of the prosecution case are that the Respondent had gone to the shop of Harihar Prasad and Vishwanath Prasad which are close to each other in village Ghatampur within the Police Circle of Ahraura on 11th October 1971. He had represented to him that in tube well department there were five or six vacancies of tube well operators and he would be helpful in getting them appointed. He also represented to them that for this purpose he will have to be paid Rs. 200/- and also the expenses that will have to be incurred in this connection. Both of them believed him as he had been successful in getting other persons appointed in the tube well department. Harihar Prasad requested him to get him appointed and also Jagdish Prasad and Kailash. He demanded a sum of Rs. 600/-from them. Harihar Prasad arranged to pay Rs. 600/- to the Respondent after pawning ornaments. Vishwanath Prasad for the appointment of his son as operater in the tube well department paid Rs. 480/- to the Respondent. He also assured them that he would obtain appointment letters for them within a week. On 21st October 1971 the Respondent Ram Dhani Pandey came to Harihar Prasad's house and told him that he had obtained the appointment letters for Jagdish Prasad and Kaliash. He further demanded a sum of Rs. 200/- from him for Harihar Prasad's appointment and told him that he was going to Varanasi and would bring appointment letter for him on 23-10-1971. The Respondent was believed by them. Harihar Prasad with the appointment letters of Jagdish Prasad and Kailash went to the office of the Superintending Engineer, Tube-Well Department, Varanasi along with Vishwanath Prasad and his son Algu Ram. They went to that office on 22-10-1971 and produced the appointment letters handed over to them by the Respondent to the Superintending Engineer. Harihar Prasad then was informed that these appointment letters were forged and that they should get such a person arrested by the Police. When they were returning from the office of the Superintending Engineer at about midnight in Maidagin Harihar Prasad saw the Respondent coming in a rickshaw. He was followed and was seen entering Bharat Lodge. A report was lodged at Police Station Chetganj by Harihar Prasad, Vishwanath Prasad and Algu Ram on 23-10-1971 at 1 A.M.

(3.) The investigation of the case was taken up by Sri Ved Murti Bhatt, SO Chetganj. After lodging of the report he went to the Bharat Lodge and succeeded in arresting the Respondent after causing him minor injuries. On a search being taken a sum of Rs. 250/- in cash and a forged letter of appointment in the name of Algu Ram was recovered from his possession. Its recovery memo was duly prepared by him. Since the offence was committed at Mirzapur the papers were transferred to Mirzapur. At Mirzapur the case was investigated by Sri Nand Lal Singh, SI. He recorded the statements of the witnesses and submitted the charge-sheet against the Respondent.