ROOPSINGH Vs. STATE

JUDGEMENT

(1.) THE petitioners Roopsingh and Udesingh were tried by the Magistrate Sitamau for offences under Sections 420 and 420/109 I. P. C. and were convicted and sentenced to rigorous imprisonment for six months and a fine of Rs. 500/- each. Against this conviction they preferred an appeal to the Additional Sessions Judge, mandsaur, who dismissed the appeal but modified the sentences. This revision petition is against the order of the Additional Sessions Judge.

(2.) FACTS alleged by the prosecution were these: The two accused along with others had conspired with one Bhaga to cheat the villagers by representing to them that whatever money they gave to them would be returned with an additional equal amount within a short time by doubling it through divine power. The modus operandi was that Bhaga installed the idol of a Goddess in the house of the applicants. Before the idol some pots were kept and people were invited to drop money in those pots and they were told that double the amount would be returned. Accordingly several persons offered money between 20-10-1951 and 5-12-1951 but nothing was returned to them. The prosecution put up instances of five persons who had thus been cheated by the applicants during that period.

(3.) SHRI Khanvilkar did not press the grounds mentioned in the application on the merits of the case. The only contention he has raised is that the trial was bad for misjoinder of charges and persons. According to him, the five instances constituted separate and distinct offences and could not be tried together. In reply to this contention Shri Sharma for the State relied upon Section 239 (d) of the code of Criminal Procedure stating that the offences formed part cf the s-me transaction and the trial was therefore valid.