STATE OF GUJARAT Vs. JAYANTIBHAI SHANKARLAL PANCHAL

JUDGEMENT

(1.) THE State of Gujarat preferred the present appeal under Section 378 of the Criminal Procedure Code ('Code', for short) questioning the legality and validity of the impugned judgment and order rendered by learned Judicial Magistrate First Class, Kheralu ('ld.Magistrate', for short) dated 21.10.1997 in Criminal Case No.344 of 1997. By virtue of the impugned judgment and order, the ld.Magistrate was pleased to acquit both the respondents -accused for the offences punishable under Section 406, 420 r/w.Section 114 of Indian Penal Code ('IPC', for short).

(2.) THE case of the prosecution in nutshell is, on 20.01.1997, both the accused met the complainant Lavjibhai Kachrabhai and they represented before the complainant that the respondent -accused No.1 Jayantibhai Panchal had good acquaintance with Commissioner of Police, and therefore, the complainant Lavjibhai if so desires, can get job using the good acquaintance of the respondent -accused No.1 with the Commissioner of Police, if Rs.10,000/ - is paid to him. Thereupon, relying upon the statement of the accused, Rs.7,500/ - was paid to the accused. It is the case of the prosecution that subsequently, when the complainant did not hear anything about his service, he demanded back the sum of Rs.7,500/ -, to which the accused gave evasive reply. It is further the case of the prosecution that in the similar manner, the accused have deceived others and received in all Rs.33,500/ - by cheating those persons. Complainant Lavjibhai lodged his complaint before the police, and the Investigating Police Officer recorded statements of witnesses, recovered required documents. After completion of the investigation, chargesheet was filed in the Court of ld.Magistrate against both the respondents -accused for the offences punishable under Section 406, 420 r/w. Section 114 of IPC.

(3.) SINCE the accused persons did not plead guilty, the prosecution adduced its oral and documentary evidence. The prosecution examined the complainant Lavjibhai at Exhibit -10. The testimonies of witnesses Keshavlal Ramabhai, Dineshkumar Karsanbhai, Mohanbhai Bhikhabhai and Babuji Mangaji were recorded at Exhibits -15, 19, 23 and 25 respectively. The prosecution examined Panch witness Somabhai Chauhan at Exhibit -17. The deposition of Investigating Police Officer Bhagwanbhai Koyabhai was recorded at Exhibit -28. No more witnesses were examined by the prosecution. The prosecution produced by way of documentary evidence, the FIR, relevant Panchnama and the Receipts. After the prosecution completed the evidence before the Trial Court, the ld.Magistrate recorded the further statement of both the accused persons under Section 313 of the Code, wherein generally they denied the allegations leveled against them by the prosecution, and stated that because of previous enmity, they are falsely roped in by the complainant in this case.