BHANWAR LAL MENARIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this revision petition under Section 397 read with Section 401 Cr.P.C., the accused-petitioner has questioned the correctness, legality and propriety of the judgment and order dated 02.08.2002 as passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur in Criminal Appeal No.43/2001 whereby the learned Appellate Judge upheld the conviction of the petitioner for the offence under Section 420 IPC as made in the judgment and order dated 03.07.2001 by the Judicial Magistrate No.1 (South), Udaipur in Criminal Case No.61/2000 (Old No.349/1991) and maintained the substantive sentence of 2 years' rigorous imprisonment and fine of Rs.2,000/- and further imprisonment for 3 months in default of payment of fine but set aside the order granting compensation in favour of the complainant.

(2.) The petitioner was charge-sheeted for the offence under Section 420 IPC after investigation on the complaint made by Smt.P.Rani Verma (PW-1), said to be the founder and principal of AVM Public School, Panchvati, Udaipur. The complainant stated that she got acquainted with the petitioner in the month of January 1989 for his son was studying in the said school; and that the petitioner, a lawyer by profession, was appointed as the Legal Adviser and was also selected to the Managing Committee of the school. It was alleged that the school was in the need of a matador van and the task of purchasing such a vehicle was entrusted to the petitioner; and, according to the complainant, the petitioner suggested the price of the vehicle at Rs.60,000/- and obtained this amount and further an amount of Rs.12,032/- towards sundry expenses but then, the complainant came to know in the month of December 1990 that the vehicle was, in fact, purchased from Saddique Mohammed (PW-2) only for Rs.33,000/-. The complainant, thus, alleged that the petitioner committed cheating by taking Rs.72,032/- from the institution.

(3.) Upon filing of the charge-sheet in the matter, the petitioner was charged of the offence under Section 420 IPC in the following terms:-