RAM AAUTAR SINGH,J. - (1.) THESE criminal revisions have been directed against the common judgment and order dated 10.7.2001 passed by Additional Sessions Judge, Court No.2, Varanasi in Criminal Appeal N0. 10 of 2000 (Izharul Hasan Vs. State of U.P.) and Criminal Appeal No.15 of 2000 (Arvind Kumar Singh Vs. State of U.P.) by which both appeals have been dismissed with the direction to reduce the sentence imposed by the trial court on the revisionists.
(2.) THE brief facts arising out of the case are that an F.I.R. was lodged by complainant Dinesh Kumar Tiwari on 15.9.1987 at 15.10 P.M. at P.S. Sigra of District Varanasi with this allegation that an advertisement was got published by Sachiv, General Manager Jan Kalyan Sansthan, Lallapur, Varanasi, U.P. in Dainik Jagran dated 11.8.1987 inviting applications alongwith bank drafts of Rs.20/- each for the posts of Office Superintendents and Supervisors, for which complainant Dinesh Kumar Tiwari also deposited his application and bank draft of Rs.20/- in the said office situated at C-15/79 Lallapur, Varanasi, which was entered at serial no. 907 in the register. The complainant at the time of depositing his application suspected some foul play from conversation going on between the employees of the office, at which some applicants requested the employees to return their applications and bank drafts, which gave rise to an altercation between them and in the meantime one of the employees took him to lonely place and agreed to return his application with this assurance that he would not inform the police in this regard. All the applicants present in the office then asked the employees to disclose their names, at which one of them tried to flee from the office but he was caught by the applicants and on being asked he disclosed his name as Arvind Kumar Singh resident of Gopalpur, P.S. Meh Nagar, District Azamgarh and confessed to his guilt that they after receiving all the bank drafts would encash them and would leave the place. The complainant along with all applicants then came to know of the cheating being committed by the persons including accused Arvind Kumar Singh, who claimed himself to be the Chairman of the said institution. A case was registered under sections 419 and 420 I.P.C. against the revisionist Arvind Kumar Singh and other employees of Jan Kalyan Sansthan, Lallapur on the basis of written report of complainant Dinesh Kumar Tiwari at P.S. Sigra and investigated by the police. The investigating officer then checked the said office on 16.9.1987 at 4.00 P.M., arrested accused Arvind Kumar Singh and Izharul Hasan, who also claimed himself to be the Secretary of the said institution. The police then conducted search and recovered application register, meeting register, bank drafts, postal orders, seals of institution, eight receipt books, application forms, envelopes containing bank drafts, sign board of institution displayed on the front of office and then sealed the office as well as prepared recovery memo. The police on completion of investigation submitted charge sheet against the revisionists under sections 419 and 420 I.P.C.
(3.) THE charges under section 420 read with section 511 of I.P.C. were framed against the revisionists on 28.6.1990, who did not plead guilty and claimed to be tried. In order to prove the charge prosecution examined P.W.1 Dinesh Kumar Tiwari, P.W. 2 Lolarak Nath Tiwari, P.W.3 Mohd. Rozan Ansari, P.W.4 Rama Shankar Singh and P.W.5 Rajan Prasad Pandey. The statements of the accused persons were recorded under section 313 Cr.P.C., in which they denied the prosecution evidence and claimed to be falsely implicated due to enmity but no evidence in their defence was adduced.;