UPENDRA NATH DEKA Vs. HALADHAR DAS

JUDGEMENT

(1.) This revision is directed against the judgment and order, dated 31.03.2008, passed, in Criminal Appeal No. 46 (K)/2006, whereby the learned Additional Sessions Judge (FTC) No. 4, Kamrup, Guwahati, has dismissed the appeal and upheld the judgment and order, dated 05.07.2006, passed, in Complaint Case No. 636c/2004, by the learned Special Judicial Magistrate, Kamrup, Guwahati, convicting the accused-petitioner under Section 420 IPC and sentencing him to undergo simple imprisonment for a period of 2 years and also pay fine of Rs. 2,000/- and, in default of fine, suffer simple imprisonment for a further period of six months.

(2.) Heard Ms. S.D. Baruah, learned counsel for the petitioner.

(3.) The case of the persecution, as unfolded, at the trial, was, in brief, thus: On 04.09.2001, the accused took an amount of Rs. 75,000/- from the complainant with an assurance that the accused, who is an employee of the Flood Control Department, would arrange a job for the son of the complainant in the Flood Control Department, Government of Assam, within a period of six months from the date of receiving the money, but the accused neither got the complainant's son any job nor did he refund the money. Not only that the accused did not refund the money, he even started misbehaving and threatening the complainant.