JAGO Vs. STATE

JUDGEMENT

(1.) THIS is a revision by Jago against his conviction under Section 406, Penal Code. The applicant was convicted by the Sub-divisional Magistrate of Nohar and his appeal was dismissed by the Sessions Judge of Ganganagar. Hence this revision.

(2.) THE prosecution story was briefly this. One Purkha Jat was approached by one Gyana Jat in village Dhanasar and asked him if he wanted to purchase opium. Purkha agreed to purchase ten seers of opium at Rs. 250 per seer. Gyana thereupon wanted Purkha to pay up the whole price in advance. Purkha refused to do so and gave only Rs. 100 as advance. It was settled that the opium would be delivered after ten days and thereupon the balance of the price would be paid. When the period was over, Purkha wanted Gyana to deliver opium. But Gyana said that he could not do so unless he was paid the entire price in advance. Purkha was not prepared to trust Gyana with such a large amount but agreed that he would deposit the balance with some reliable person. Gyana suggested that the amount might be deposited with Jago applicant of village Hardaswali as he was a reliable man. Consequently, Purkha along with Arjan, Gyana and Jaso went to Jago and Purkha delivered currency notes of the value of Rs. 2,400 to Jago. It was agreed that in case Gyana and Jaso failed to deliver the opium to Purkha, Jago will return the money to Purkha. Jago agreed to this and it was settled that the opium would be delivered after five days. When that period was over, Gyana took Purkha and Arjan to his house and began to weigh the opium in the dark. Purkha wanted, however, to see the opium and Gyana agreed with difficulty to light a lamp. Purkha then noticed that the thing which was being supplied was not opium but "rasaut' and he declined to take it and wanted his money back. Gyana then told him that he should get the money from Jago. Purkha then went in search of Jago along with Arjan, Gyana and Jaso. THEy did not find Jago at home but met him at Kanasar. Jago told them that he was going on some business and would repay the money after a week. THEreafter Purkha asked Jago several times to return the money but Jago put off payment on some excuse or the other. Eventually, Purkha arranged a 'panchayat' in which Jago admitted that he had received Rs. 2400 on deposit. But Jago explained that he had credited that amount towards the sum due to him from Jago and Gyana and finally refused to return the money to Purkha. Purkha did not make a complaint immediately because he was afraid that he might be prosecuted as he could not purchase such a large quantity of opium without breaking the law. Eventually, however, he made a complaint to the Superinendent of Police, Suratgarh on 11th February 1948 against Jago. This complaint was enquired into by the police and Jago was prosecuted under Section 406 and Gyana under Section 420, Penal Code. THEse two, however, had absconded for some time, they were eventually arrested and the prosecution began in June 1949.