HARISH CHANDRA Vs. REX

JUDGEMENT

(1.) The applicant, Harish Chandra, has been convicted of an offence under Section 419, Penal Code, on the following facts found by the Additional Sessions Judge of Jaunpur, which have not been disputed before me.

(2.) The applicant alighted from a train at the Dobhi station on the morning of 20-12-1946. He met Deonath Tewari, the station master of that railway station and represented to him that he was Marketing Inspector, that Lalganj and Deogaon were within his circle and that he could help the station master in getting cloth. He also suggested that he was going that way and would like to hand over the cloth if the station master sent a man with him. Believing these representations the station master called a pointsman, named Ramjee Sharma, and handed over Bs. 100 to the pointsman with the direction that that sum might be given to the applicant on receipt of cloth. Another person, named Jaggan, who was working as a pointsman in the same railway station, believing in the representations made by the applicant banded over a sum of Rs. 9 to the applicant in order to get cloth. The applicant along with Ramjee Sharma boarded an ekka and reached the Shop of one Raghunandan at Deogaon. The applicant then told Ramjee Sharma that if he also entered the shop of Raghunandan, he would not get the cloth. On this representation he obtained the sum of Bs. 100 from Ramjee Sharma and also obtained a wrist watch from Ramjee Sharma. It is not clear why the wrist watch was handed over by Ramjee Sharma to the applicant. Possibly it was due to some farther representation made by the applicant to Ramjee Sharma and a desire on the part of Ramjee Sharma to get some cloth for himself also. The applicant disappeared with the money and the watch received by him and Ramjee Sharma, in spite of efforts, could not get hold of him.

(3.) On these facts the applicant was convicted by the trying Magistrate under Sections 419 and 420, Penal Code, both. On appeal his conviction under Section 419, Penal Code, was maintained, but his conviction under Section 420, Penal Code, was set aside on the ground that he had already been convicted under Section 419, Penal Code.