M.M.Gupta, J. - (1.) THESE revisions have been filed by Jai Karan and Bholey who were convicted by the Assistant Sessions Judge, Bijnore, under Sections 420, 461, 457 and 380 IPC. Under Sections 420, 457 and 380 IPC they were sentenced to undergo rigorous imprisonment for four years under each count while under Section 461 IPC they were sentenced to undergo rigorous imprisonment for one year. They were acquitted of the charge under Section 120-B IPC. The learned Sessions Judge maintained their conviction and sentences under Sections 420, 461 and 38)) IPC ; he, however set aside their conviction and sentences under Section 457 IPC.
(2.) THE facts of the prosecution as they emerge are somewhat interesting. If true they are an example of how trickesters can take people into confidence and after exercising deception deprive them of their valuables and cash. One Harbel Singh resided in village Mirzapur Pallawala within the police circle of Dhampur in district Bijnor. He lived there along with his wife Smt. Gurdev Kaur, daughter Bal- vendra Kaur and son Jaksendra Singh. He was rich farmer who had amassed sufficient wealth. Jaikaran was an astrologer and often visited their home. On 7th February, 1971 Jai Karan went to the house of Harbel Singh when he was not at his house. Smt. Gurdev Kaur showed the horoscope of her daughter to Jaikaran and wanted to know about the marriage prospects of her daughter. Jai Karan applicant told her that good fortune was to come her way and asked her to get puja done to propitiate the goddess but if she failed to get that puja done she may suffer. He asked her to pay a sum of Rs. 5,000/- as expenses for the performance of the puja. She, however, considered that the amount was too much and told him that she did not have that much amount in her house. Jai Karan applicant, however, told her that she was telling a lie and a much larger sum was in her house. She, however, paid a sum of Rs. 500/- for performance of the puja. When her husband returned home Smt. Gurdev Kaur narrated the facts to him. Three days later the two applicants Jai Karan and Bholey along with one Guruji came back to their house. They told them that the goddess was pleased with them and they will be performing the puja in the temple of Ratan Garh. Both Harbel Singh and Smt. Gurdev Kaur were taken to the temple at Ratangarh where Havan was performed. Thereafter goddess appeared before them and told Harbel Singh that he would get Maya but before it could be given to him she demanded a sum of Rs. 15, 000/- and a number of articles viz. Thais, glasses, Dhotis, Saris, beddings and blankets. If these articles were not offered she would take the life of their son. As a proof of Harbel Singh getting the Maya he was asked to dig the ground beneath the place where Smt. Gurdev Kaur was sitting. The earth was dug and a serpent was found sitting over the Kalash. The serpent was placed aside by Bholey and sovereigns and silver coins were shown to Harbel Singh and Smt. Gurdev Kaur. Harbel Singh agreed to give the articles demanded by the goddess but wanted time to arrange for them.
(3.) ON the following day Harbel Singh and Smt. Gurdev Kaur along with the applicant went to Noorpur where they purchased four glasses and four Thais for a sum of Rs. 48/- from the shop of Krishna Kumar, a brassware merchant. They further purchased four Dhotis and four Saris from Rohtas Singh for a sum of Rs. 80/-. Jai Karan and Bholey told them that they would pick up the articles after three or four days. After three or four days both the applicants went to the house of Harbel Singh. They paid Rs. 15,000/- and articles and beddings worth Rs. 200/- were given to them. Three or four days later they again arrived at Harbel Singh's house. They were informed that the Goddess was not pleased with them and they wanted Harbel Singh to sell his land. In pursuance of that advice Harbel Singh sold his land by separate sale deeds to Fakira, Abdul Salam and Sirajuddin. Sometimes later, Jai Karan and Bholey applicants went to the house of Harbel Singh and told the complainant and his wife to accompany them to Vidur Kuti. When they reached there, they also found Guruji. Both Harbel Singh and his wife were taken to the river Ganga where a one eyed person met them. He was described as Naradji. Naradji told them that they were under the sin of killing a cow and he would have to give 101 cows in charity. He demanded a sum of Rs. 2,211/- as price of these 101 cows. The applicants informed them that this price would have to be paid in the grove of Nehtaur on 26th April, 1971. The husband and wife went to Nehtaur where they were met at the Bus Station by the applicant. They took them in the grove where Murli and Naradji were present. When Harbel Singh wanted to pay this amount to Naradji he directed him to pay it to Guruji (Murli). Guruji was paid this amount.;