GANESH Vs. STATE

JUDGEMENT

(1.) GANESH and Puttu have preferred this application in revision against the order, dated 11th May, 1972 of Sri Harish Chandra, First Civil and Sessions Judge, Shahjahanpur, dismissing the appeal and upholding the conviction of the applicants under Section 420 read with Section 34, I. P. C. and a sentence of nine months R. I. awarded to each of them by the learned Additional District Magistrate (J.), Shahjahanpur.

(2.) IT is not in dispute that Gendan co-accused and Puttu applicant are residents of village Baidapur Misripur end Ganesh alias Ghanshyam applicant of village Palia, Police Station Nigohi, district Shahjahanpur. Dori (complainant) is a resident of village Kajachakrapur, Police Station Banda, district Shahjanhenpur. Dori had gone to village Garhia, Police Station Fatehganj, district Bareilly to the house of his nephew Ganga Charan about four days prior to the incident of this case. While sitting on the Chaupal of his nephew, he was having a talk with Ganga Charan, Gaya Din and others. At that very time, Puttu and Ganesh applicants along with Gendan co-accused reached there and also joined in the talks which were going on there. The applicants made an inquiry from Dori Lal as to how many children he had, to which he had replied that he had no child. According to the prosecution version, the applicants then offered that they would arrange a woman for him and that he will have to spend a sum of about Rs. 700. Thereupon Dori Lal told the applicants that he was no more interested in his own marriage, but he wanted to marry his sister's son. An agreement was made between the complainant and the applicants that if a sum of Re. 300 was paid, they would provide the girl for his sister's son. The applicants then took Dori Lal with them to Shahjahanpur. Dori Lal had asked Ganga Chanan, Gaya Din, Banwari and Shri Bam also to accompany him. Thereafter, they reached Shahjahanpur Railway Station, at about noon on 21st April, 1969. Thereafter having left Dori Lal and his companions at the Railway Station, the two applicants went to fetch the girl and her guardian and directed the complainant to wait at the Railway Station. At about sun-set, the applicants along with one, woman named Smt. Kunti and two other persons, named, Ram Pal and Ram Lal came back at the Railway Station and the applicants asked Dori to pay the agreed amount of Rs, 300. Dori Lal, however, replied that at that time he had no money with him. The applicants then gave out that the woman could not be sent with him unless the amount of Rs. 300 was paid. Dori Lal and his companions stayed at the Railway Station for the night. Next morning Dori Lal went to arrange for the money and came back at about noon. The applicants were present at the Railway Station and they were asked by Dori Lal to bring the woman. Thereupon, the applicants persuaded Dori Lal to pay the amount first and somehow or the other managed to take a sum of Rs. 300 from the complainant. At that time, Ganga Charan, Gaya Din and Shri Ram were also present when the said payment was made. The applicants then asked Dori Lal to accompany them and promised to supply him the woman. Two rickshaws were engaged. The applicants took their seat on one rickshaw and Dori Lal along with two other companions of his sat on the other rickshaw. Both rickshaws started towards Bahadurganj Market. The rickshaw upon which the applicants were sitting being ahead of the rickshaw upon which the complainant was sitting. The applicants succeeded in dodging the complainant and disappeared. Thereafter, the complainant asked those two persons who were accompanying him on the rickshaw about the whereabouts of the woman. Dori Lal made a search of the applicants for about two hours, but could not succeed in getting their clue. Thereafter Dori Lal went back to the Railway Station and gave out the entire version to his companions. In spite of a search of the applicants being made on the next day also, they could not be traced out. Ultimately, the complainant went to village Palia in search of Ganesh applicant who used to reside there. According to the prosecution, Dori Lal then met Sri Moin Uddin Siddiqi, Sub-Inspector and the entire story about the manner in which he was cheated by the applicants was given out to the Sub-Inspector. Sri Moin Uddin Siddiqi then in the company of the complainant reached a place where all the applicants were present. Having seen the police, Puttu applicant managed to run away from there. Ganesh applicant and Gendan co-accused were, however, arrested by the Sub-Inspector and upon search being taken currency notes of Rs, 150 were recovered from the possession of Ganesh applicant and the currency notes of Rs. 50 from the possession of Gandan co-accused. The Sub-Inspector then took the recovered money and these two persons to the police station where the first information report was lodged. Puttu applicant ultimately surrendered in court on the 9th of October, 1969. Identification proceedings in respect of him were held in District Jail, Shahjahanpur by Sri G. P. Jhaldiyal, Magistrate First Class. He was correctly picked by Dori Lal and Gaya Din (P. Ws.) without any mistake being committed.

(3.) BOTH the applicants and Gendan co-accused pleaded not guilty and denied to have committed any offence. They attributed their false implication in the case due to enmity. One witness, namely Jhamman Lal (D. W. 1) was examined in support of the defence. He gave out a contrary version in respect of the arrest of Ganesh applicant and Gendan co-accused in different circumstances, but his solitary testimony not having found corroboration from any other source could not be implicitly relied upon and was rightly rejected by the courts below.