SURINDER SINGH, J. (Oral) : Heard and gone through the record.

2.The State felt aggrieved by the judgment of acquittal passed by the learned Additional Sessions Judge (Fast track Court), Hamirpur, whereby the conviction and sentence of the respondent, hereinafter referred to as ‘the accused’, for the offence under Section 420 of the Indian Penal Code, was set aside.

3.Precisely, the case of the prosecution, as stated by the prosecution witnesses, is that complainant PW1 Kuldeep Kumar was running a vegetable shop, whereas the accused was running a grocery shop at Mehre Bazar, Tehsil Barsar, District Hamirpur. They were in visiting terms in the shops of each other. One day, the accused represented to the complainant that a labourer came in his contact and told him that during the digging operation he found 2.5 Kgs. gold biscuits and if the accused intended to purchase it, he would sell it on cheater rate. On this, the accused contacted the complainant. Both of them intended to purchase the gold biscuits from the said labourer.

4.On 31.5.2001, the complainant withdrew an amount of ‘.1,10,000/- and took an amount of ‘.40,000/- from PW5 Amar Nath. The accused also arranged for the