RAM KISHAN ALIAS LILLI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 2-3-2002, rendered by the Court of Additional Sessions judge, Jhajjar, vide which, it dismissed the appeal, against the judgment of conviction and the order of sentence, rendered by the court of Sub-Divisional Judicial Magistrate, bahadurgarh, convicting accused, Ram kishan, (now revision-petitioner) for the offence punishable under Section 420 of the indian Penal Code, and awarding him sentence to undergo R. I. for two years, and to pay a fine of Rs. 1,000/-, and, in default of payment of fine, to further undergo R. I. for three months.

(2.) THE facts, in brief, are that on 4-8-1991 Jai Bhagwan, complainant, presented an application, Ex: PA, containing the allegations that he was having a shop of spareparts on Delhi-Rohtak Road, Bahadurgarh and about four months earlier to 4-8-1991, accused Jagdish and Ram Kishan made a mis-representation to Jai Bhagwan and His brother Om Niwas, by saying that there was a hidden treasure inside their house. On the basis of the mis-representation of the accused, the complainant and his brother, dug the room, and saw one side of a pitcher, and one silver coin. The accused further mis-represented that the family deity (Devta) was sitting, in the form of a snake, on the hidden treasure. The accused further dishonestly induced the complainant, and his brother by mis-representing that for the satisfaction of deity (Devta), they had to deliver six and a half tolas of gold, 300 grams silver and a sum of Rs. 5,000/ -. On the inducement of the accused, the aforesaid gold, silver and cash amount of Rs. 5,000/- were delivered to them. They further told the complainant and his brother that they would return after 12 days. However, the accused did not return after the stipulated period. The complainant searched the accused personally, at different places, but to no avail, and, ultimately, on the application, referred to above, of the complainant, formal FIR, ex. PA/1 was registered under Section 420 of the Indian Penal Code. The accused were apprehended. They were interrogated. They made disclosure statements Ex. PB and Ex. PC, regarding the concealment of the aforesaid gold, silver and cash. In pursuance of the disclosure statements, they got recovered the same, which were taken into possession, vide memos Ex. PE and Ex. PD. Rough site plans of the place of the recovery ex. PW6/b and Ex. PW6/c were prepared. The statements of the witnesses were recorded. The accused were arrested. After the completion of investigation, the accused were challaned.

(3.) ON their appearance, in the Court, the accused were supplied the copies of documents, relied upon by the prosecution. Charge under Sections 420 of the Indian penal Code was framed against them, to which they pleaded not guilty, and claimed judicial trial.