LAWS(ALL)-1979-3-14

JAI KARAN Vs. STATE OF U P

Decided On March 06, 1979
JAI KARAN Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) THESE revisions have been filed by Jai Karan and Bholey who were convicted by the Assistant Sessions Judge, Bijnore, under Sections 420, 461, 457 and 380 IPC. Under Sections 420, 457 and 380 IPC they were sentenced to undergo rigorous imprisonment for four years under each count while under Section 461 IPC they were sentenced to undergo rigorous imprisonment for one year. They were acquitted of the charge under Section 120-B IPC. The learned Sessions Judge maintained their conviction and sentences under Sections 420, 461 and 38)) IPC ; he, however set aside their conviction and sentences under Section 457 IPC.

(2.) THE facts of the prosecution as they emerge are somewhat interesting. If true they are an example of how trickesters can take people into confidence and after exercising deception deprive them of their valuables and cash.

(3.) ON the following day Harbel Singh and Smt. Gurdev Kaur along with the applicant went to Noorpur where they purchased four glasses and four Thais for a sum of Rs. 48/- from the shop of Krishna Kumar, a brassware merchant. They further purchased four Dhotis and four Saris from Rohtas Singh for a sum of Rs. 80/-. Jai Karan and Bholey told them that they would pick up the articles after three or four days. After three or four days both the applicants went to the house of Harbel Singh. They paid Rs. 15,000/- and articles and beddings worth Rs. 200/- were given to them. Three or four days later they again arrived at Harbel Singh's house. They were informed that the Goddess was not pleased with them and they wanted Harbel Singh to sell his land. In pursuance of that advice Harbel Singh sold his land by separate sale deeds to Fakira, Abdul Salam and Sirajuddin.