PREM CHAND Vs. STATE

JUDGEMENT

(1.) The applicant, Prem Chand, has been tried and convicted of an offence under Section 420, Penal Code. The sentence passed upon him is one of six months' rigorous imprisonment and a fine of RS. 100, in default one month's further rigorous imprisonment. Both the conviction and the sentence of the applicant have been confirmed by the appellate Court.

(2.) It appears that the applicant, who is a member of the District Board of Etawah, sold by public auction, leaves of Khajur trees standing on the roadside between Debiapur find Phaphund. This was done by him on 11-9-1948, without any authority from the District Board. Ramadhin P. W. was the highest bidder. He purchased the leaves and paid Rs. 76 then and there. What he describes as a Kachchi Rasid, EX. P. 1, was given to Ramadhin, A proper receipt from the District Board, however, was promised to him after the amount had been deposited in the office of the District Board. Later it came to the knowledge of Ramadhin that the applicant had no authority to sell the leaves of the Khajur trees. After making some attempt to obtain a regular receipt from the District Board and failing to secure it, Ramadhin appears to have made a complaint to the District Magistrate on 15-2-1949. Apparently, on knowing of this, the applicant seems to have deposited the amount of RS. 76 in the office of the District Board on 21-1-1949.

(3.) Both the learned Magistrate as well as the learned Sessions Judge, who heard the appeal, have found that the applicant had acted dishonestly in inducing Ramadhin to believe that he (the applicant) had authority to sell and, thus under that deception, he induced Ramadhin to purchase and to part with RS. 76.