BHIMSEN SAHU Vs. STATE

JUDGEMENT

(1.) PETITIONER was convicted by the Sub -Divisional Judicial Magistrate, Bargarh, under Sections 419 and 468 , Indian Penal Code and was sentenced to R.I. for 3 months and to pay fine of Rs. 500/ -, in default to further R.I. for one month, on each count, (the sentences to run concurrently). In appeal before the Sessions Judge, Sambalpur, the conviction and sentence have been maintained. Hence the revision.

(2.) PROSECUTION case is that one Banshidhar Mohanty of village Analadih in the district of Puri was allotted 9 Metric Tonnes of cement from Hira Cement Works (hereinafter called 'the factory') by the Government of Orissa in the Food and Civil Supply Department in their letter No. 2823 Dt. 29 -1 -1975 Accused Petitioner Bhimsen Sahu went to the factory with the allotment order (Ext. 1) and deposited Rs. 2373/ - on 15 -2 -1975 as per Ext. 2 representing himself as Banshidhar Mohanty, the allottee. In the meantime on 12 -2 -1975, a sum of Rs. 2,400/ - had been deposited in the Head Office of the factory at Bhubaneswar against the said allotment in favour of Banshidhar Mohanty and the Head Office sent information to the factory regarding the deposit along with the relevant documents i.e. released order (Ext. 3) and booking form (Ext. 4) for release of the said cement in favour of Banshidhar Mohanty or his authorised agent. On receiving Exts. 3 and 4 from the Head Office the officials of the factory suspected the identity of the accused and accordingly interrogated him and came to know that the accused was not Banshidhar Mohanty the allottee but one Bhimsen Sahu, (the Petitioner). Thereafter information was lodged at the police -station and the accused Petitioner was handed over to the police. The police after investigation submitted charge -sheet against the accused under Sections 419 and 468, Indian Penal Code.

(3.) IN a case under Section 419, Indian Penal Code it is to be proved (1) that the accused cheated the complainant; and (2) that he did so by pretending to be some other person; or by knowingly substituting one person for another; or by representing that he, or some ether person is a person other' than the person he really is. Cheating has been defined under Section 415 of the Indian Penal Code. Before a man is convicted under Section 419, Indian Penal Code, the first requirement to be proved is that he has cheated. The ingredients of cheating are: