G.D.Dube, J. - (1.) Both the appeals arise out of the same judgment and order of Additional District and Sessions Judge, Etah, convicting Lakhpat Rai and Satya Prakash under Section 420 of the Indian Penal Code and directing them to be released under Section 4 (1) of Probation of Offenders Act, 1958 on their furnishing personal bonds for Rs. 1000/- with one surety each for the same amount for a period of two years to the satisfaction of the convicting Magistrate. They, were allowed ten days time to furnish the bonds. The convicted persons shall hereinafter referred to as the appellants. Aggrieved by the order the appellants filed the appeal assailing the order of conviction. The Government filed its appeal praying that the sentence awarded to the appellants was very inadequate. It has prayed for enhancement of sentence. the two appeals are being disposed by the judgment.
(2.) The prosecution case was that on 25.6.65 in Mohalla Jai Jai Ram Town, Police Station Kasganj, district Etah the appellants in furtherance of their common intention cheated Sheo Dayal Gupta by inducing him to deliver a sum of Rs. 4,200/- by pledging nickel scap whereas it was later on disclosed to be iron and thereby had committed an offence under Section 420 I.P.C.
(3.) A report had been sent by Sheo Dayal Gupta, to the Collector of the District on 11.10.66.on the basis of this report a case was registered on 11.10.66, After an investigation charge sheet was submitted against the appellants. The prosecution has examined fifteen witnesses in the lower court. The appellants pleaded not guilty. They had examined three witnesses in defence. The trial court found the offence established against the appellants and passed the impugned order.;