RAM SARAN Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been directed against the judgment and order dated 20-10-1982 passed by Sri P. Dayal, the then Sessions Judge, Shahjahanpur, in Criminal Appeal No.182 of 1982, whereby the above noted appeal of the applicant has been dismissed and the conviction under Sections 420/34, I.P.C. and sentence 9 months, R.I and a fine of Rs. 1000/- awarded by the judicial Magistrate, Shahjahanpur, by order dated 25-3-82 in case No. 695 of 1982, have been confirmed.

(2.) The prosecution case, in brief is that the complainant Shyam Behari Gupta started the business of pawning ornaments from 1-1-1977 in Shabjabanpurtown. Ram Saran applicant and co-accused Moti Ram pawned one and of silver on 1-9-1978 against Rs. 960/-. Both the accused persons again pawned a golden the roll on 28-12-1978 and further both the accused pawned 34 Lachhao and one pair of paizeb of silver on 17-1-1979 against Rs. 1000/-. As the accused did not approach the complainant for redeeming their articles in spite of the demand of the complainant, though the prices of gold and silver had also been increased, the complainant got the articles tested and found those articles of brass and gillat instead of gold and silver. Shyam Behari Gupta lodged a report at the police station Kotwali and moved an application to the Superintendent of Police Shahjahanpur also. Sri J.P. Gupta investigated the case. After investigation of the case the accused persons were charge-sheeted.

(3.) The prosecution examined 6 witnesses in order to prove its case. Accused applicant pleaded not guilty and stated that he had pawned the ornaments with the complainant against money, but they were tested at the time of pawning. When he demanded back his pawned articles, the complainant wanted to return the artificial ornaments. The accused also examined in his defence one Ashok KumarTandon as D.W.1.