RAM NATH Vs. V/S STATE
LAWS(MPH)-1950-8-2
HIGH COURT OF MADHYA PRADESH
Decided on August 23,1950

RAM NATH Appellant
VERSUS
V/S State Respondents


Referred Judgements :-

ENGLISH CASE REG. V. HENSLER [REFERRED TO]
EMPEROR V. SHIB CHARAN [REFERRED TO]
EMPEROR V. RAGHUNATH [REFERRED TO]


JUDGEMENT

CHATURVEDI ,J - (1.)The two applts. Ram Nath and Radhe Shyam have been convicted under Section 413 read with Section 629 of Gwalior Penal Code and have been sentenced to rigorous imprisonment for a term of 3 months and a fine of as. 200 each by the City Mag. Lashkar. These two sections of Gwalior Penal Code correspond to Sections 420 and fill of the Indian Penal Code. The Additional Sea J. has dismissed their appeals. The two applts. have preferred a revision petn. against this order.
(2.)THE prosecution story is that on 1S -1 -1949 the two petnr's. approached the complainant Raghunath Prasad; and Ram Nath told him that his companion knew how to double the currency notes. Raghunath Prashad then gave currency notes to the value of Rupees 940. The two petnrs. took the currency notes and pretended to do some work in order to doable them. In the evening both of them went to the picture with the complainant and thereafter they told the complainant that the process is still incomplete and he should wait till the next morning, Raghunath Prasad felt that they might, not run away; he, therefore, waited outside the house whole night and in the early morning informed the police who arrested the two accused. Notes were recovered from the two accused and they were challaned and convicted as stated above.
The testimony of Raghunath has been believed by the Ct. who had the advantage of seeing him. The first appellate Ct. also believed him and irrespective of anything in the previous first information report I do not think any ground has been made out to disbelive the complainant. I am, therefore, unable to disturb the concurrent findings of fact.

(3.)MR . Inamdar has, however, raised an important law point in this case. He has invited my attention to the statement of complainant Raghunath Prashad who admits that he did not believe that the currency notes could be doubled. He, however, states that he had delivered the currency notes only as a matter of joke; and another cause of delivery of these currency notes was that one Gangadhar Vishnu Nakhara had come to the complainant and the latter had agreed with him that these two persons should be entrapped and should be handed over to the police. The complainant says that due to these causes he delivered the currency notes to the accused.
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