MOHINI KAPOOR Vs. STATE UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) This is a revision against the judgment of conviction and order of sentence dated 18.3.2008 passed by the Judicial Magistrate Ist Class, Chandigarh, as well as the judgment dated 21.9.2011 passed by the Additional Sessions Judge, Chandigarh, dismissing the appeal and upholding the conviction of the petitioner. The petitioner has been convicted under Sections 406 & 420 IPC and sentenced to undergo rigorous imprisonment for six months along with fine by both the Courts.

(2.) Brief facts of the case are that on 9.4.1999, a complaint was received from Smt. Bala Pathak, against Mohini Kapoor, wife of Subhash Kapoor and against her husband, daughter and son, all residents of House No.3, Sector 19-A, Chandigarh with these allegations that they had started friendly Kitty of 100 members. Every member had to contribute Rs. 3,000/- per month as it was decided that after expiry of period of 25 months, all the members would get their respective deposited amounts back in the month of January 1999 as the Kitty period of 25 months matured in December 1998. It is alleged that Kitty members visited the house of accused many a times and assurance was given to them by the accused to pay the amount, but in February 1999, they refused to make the payment of amount. Instead of making the payment, they raised threat. So, the said persons dishonestly misappropriated the amount of Kitty members and had invested the same for the constructions of first floor of their house. The accused instigated Kitty members to invest their money in the Kitty on good faith. They used to invest and reinvest their money, but the accused did not return the money. On the basis of this complaint a case was registered and investigation was started by Economic Office Wing, Sector 17, Chandigarh. During investigation, it was found that Rs. 75,000/- of Smt. Renu Jain, 175,000/- of Smt. Salochana Jain, '2.25 lacs by Smt. Suatwinder Kaur, Rs. 4,50,000/- of Smt. Devinder Kaur, Rs. 2,25,000/- of Smt. Sukhjinder Sandhu, Rs. 2,25,000/- of Smt. Sudha Banth, Rs. 6,75,000/- of Smt. Uma Gupta, Rs. 6,00,000/- of Smt. Savita Chopra, Rs. 75,000/- of Smt. Savita Chopra, Rs. 75,000/- of Smt. Veena Talwar, Smt. Veena Nirwani and Smt. Manpreet Sharma, Rs. 1,50,000/- of Smt. Bharti Sharma, Rs. 75,000/- of Smt. Jalwanti, Rs. 1,50,000/- of Smt. Priya Goel, Rs. 2,25,000/- of Smt. Bala Pathak, Rs. 1,50,000/- of Smt. Swarni, Rs. 75,000/- of Shri Shamsher Singh, Rs. 75,000/- of Shri Jatinder Pal Singh, Rs. 1,50,000/- of Kulwinder Singh, Rs. 75,000/- of Smt. Anju Sharma and Rs. 75,000/- of Smt. Kulbir Singh were found to have not been returned by the accused on account of Kitty being run by them from December 1996 to December 1998. No receipt was issued to them. The accused were arrested.

(3.) After investigation, challan was presented in the court only against Mohini Kapoor and her husband and charges were framed under Sections 406 and 420 IPC. In order to prove its case, the prosecution examined PW1 Smt. Bala Pathak, the complainant of the present case, PW2 Smt. Sulochana Jain, another complainant PW3 Smt. Sukhjinder Kaur PW4 Smt. Satwinder Kaur, PW5 Smt. Devinder Kaur, PW6 Inspector Maghi Ram, PW7 Rajinder Singh Dhani, PW8 Smt. Sudha Banth, another complainant, PW9 Smt. Renu Jain, PW10 Savita and PW11 Smt. Uma Gupta. In the said case, the evidence of the prosecution is closed by order as inspite of availing sufficient opportunities, prosecution failed to conclude evidence. Statements of the accused were recorded under Section 313 Cr.P.C. The trial Court after appreciating the evidence convicted accused Mohini Kapoor under Section 406 IPC and acquitted Subhash Kapoor. This finding has been affirmed by the Appellate Court. Revision has been filed against the aforesaid judgments.