RANGILAL Vs. STATE M P

JUDGEMENT

(1.) A charge-sheet for an offence of cheating was filed against the present two petitioners and two others, namely, Jangiram and Sodar, in the Court of Judicial Magistrate, First Class, Bilaspur. Warrants of arrests were issued against the accused persons. It appears that three of them i.e. the present two petitioners and Jangiram were apprehended but Sodar could not be arrested. The trial Magistrate in Criminal Case No. 432 of 1980 (Original No. 442 of 1977) by his judgment dated 28-5-1982 convicted the two petitioners, namely, Rangilal and Budwa alias Budhram under section 420 I.P.C. He sentenced each of them to R.I. for two years and fine of Rs. 500/- in default S.I. for six months. Accused Jangi was given the benefit of doubt and so was acquitted.

(2.) Rangilal and Budwa alias Budhram preferred an appeal. First Additional Sessions Judge, Bilaspur in Criminal Appeal No. 91 of 1982 by his Judgment dated 13-5-1983 upheld the conviction and sentences of the petitioners. The appeal was thus dismissed. Aggrieved thereby the petitioners have filed this revision. Rangilal and another Vs. The State M.P.

(3.) The allegations is that the accused induced Kaliram (P.W. 1) to give them money which would be doubled by them. Kaliram sold his land. Kaliram with Rs. 900/- was taken to a tank away from the village. There the accused prepared two earthen pots and Kalirams Rs. 900/- were allegedly put in one of these two pots. Then Kaliram was told to go in the tank and stand in knee deep water where he was to change the two earthen pots from one hand to the other. Thereafter he was to put one of the two earthen pots in the water and come out with the other. When Kaliram come out of the tank with one of the two pots no money was found in it. The accused told Kaliram that he has thrown the money in the tank. The money was not found in the tank. The accused then suggested to return home. By then it was night time.