SADANANDA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner assails the order of conviction and sentence as awarded by the learned Subdivisional Judicial Magistrate, Hindol, and modified by the learned Sessions Judge, Dhenkanal. Originally, the sentence was rigorous imprisonment for three years and a fine of Rs. 5,000.00, in default sentence of one year rigorous imprisonment, which was modified to a rigoro us imprisonment for one year, and a fine ofRs. 2,000.00 in default sentence of six months rigorous imprisonment.

(2.) The case of the prosecution, bereft of unnecessary, details, is that the petitioner who was a student of Nabapalli High School falsely represented to the informants wife (P.W. 3) that her husband (P.W. 1), who was working as the Headmaster of the said school, was involved in a criminal case having allegedly murdered one of his colleagues, and to get him out of the clutch of law money was required. On this representation being made, in her anxiety to save her husband from prosecution and humiliation, the informant panted with Rs. 4,500/- in cash and a gold neck lace weighing about 2-1/2 tolas. The movements of the petitioner were found suspicious by Chakradhar Sahu (P.W. 2), who wanted to ascertain the truth and at about 4 p.m. he learnt from the informant that there was no incident as alleged, and his wife had been deceived and the petitioner had falsely made a wrongful gain of money and the jewellery. Even though the allged incident took place around 1 p.m. on 20.7.1981, the F.LR. was lodged next day morning at about 7.30 a.m.

(3.) Seven witnesses were examined in support of the prosecution case, while the accused took the plea that a criminal proceeding had been instituted by him under section 406, LP.C. against the informants wife and the case was a counter blast. He, however, did not examine any witness in support of his version. On consideration of the evidence, the trial court as well as the appellate court came to hold that the petitioner was guilty of the offence as provided under section 420, LP.C, and sentence as aforestated was awarded.