HEERALAL Vs. STATE OF MP

JUDGEMENT

(1.) The applicant ? accused has preferred this revision under Section 397, r/w Section 401 of Code of Criminal Procedure challenging his conviction and sentence under Section 420 of IPC. Initially Judicial Magistrate Ist Class Sagar on holding trial in criminal case No. 1172/99 convicted him under under Section 465 and Section 420 of IPC for one year RI with fine of Rs. 250/-, in default of it further one month RI and three years RI with fine of Rs. 500/-, in default it, further one month RI respectively under such Sections, vide judgment dated 17.11.1999. On filing the appeal, on re-appreciation of the evidence, the Sessions Judge, Sagar, vide judgment dated 29.12.1999 in Criminal Appeal No. 164/99 by allowing in part while acquitting the applicant from the charge of Section 465 of IPC by maintaining his conviction under Section 420 of IPC reduced his sentence upto to one year RI with fine of Rs. 500/- and in default of it further one month imprisonment.

(2.) The facts giving rise to this revision in short are that the complainant Kamlesh on 28.5.1986 came to Collector Office, Sagar to submit the application for his appointment on the post of Peon where after receiving such application by the applicant on his demand Rs. 10/- was also paid by the complainant to him. Thereafter, the applicant by giving assurance to get his work done from the employment office asked the complainant to come on 31.5.1986. Thereafter, in the same manner applicant called the complainant round about 8-9 occasions and told him that he will manage in the Tahsildar Office to provide him a job of Peon. In this regard with dishonest intention to commit fraud with the complainant, the applicant had demanded and obtained Rs. 175/- on 24.7.1986, Rs. 250/- on 29.7.1986. He also obtained Rs. 100/- for medical fee and Rs. 150/-, with respect to satisfy some query, from the applicant. After making the aforesaid payment to the applicant the complainant received an appointment letter dated 5.8.1986 through post, according to which the complainant was given temporary appointment on the post of Peon in Tahsil office from 1.9.1986 with a further direction to join the duty on such date. After receiving such order on the above mentioned date the complainant went to give joining report in the abovementioned office, then he came to know that by practicing the fraud after obtaining the abovementioned sum by fabricating a forged appointment letter he has been cheated by the applicant, on which the matter was reported by the complainant with the Police Station Gopalganj, on which FIR, (Ex.P-2) was registered. In the course of investigation the concerned papers and receipts of the payment given by the complainant to the applicant, and the abovementioned forged appointment letter were seized. Interrogatory statements of the witnesses were recored. The concerned papers were sent to the Hand Writing Expert for his opinion. On concluding the investigation, the applicant was charge sheeted for the offence under Section 420, 467 and 468 of IPC.

(3.) On framing the charges for the offence under Section 465 and 420 of IPC, the applicant abjured the same, on which after recording the evidence, on appreciation of the same, the trial court after holding guilty to the applicant for such offence punished him with the sentence, as mentioned above.