G. K. MISRA, J.

( 1 ) THE petitioner has been convicted under Section 420, I. P. C. , and sentenced to undergo R. I. for 3 months and to pay a fine of Rs. 100, in default to R. I. for 2 months. Petitioner Sukadeb Barik and the complainant-opposite party Panchanan barik are residents of village Andola. Prosecution case is that the petitioner contracted to sell 5 decimals of his Gharabari (homstead) to the opposite party for rs. 376. The entire consideration was paid on 21-6-64. Next day the petitioner executed the sale-deed (Ex. 1) and presented it for registration before the Sub-registrar at Chandhali. Registration was effected. Without handing over the registration ticket to the complainant for taking delivery of the sale-deed, the petitioner left the place surreptitiously. Later on in the village the petitioner declared that the properly, covered by Ex. 1, belongs to his wife. Prosecution case is that the petitioner deceived the opposite party by fraudulently inducing him to pay Rs. 376. Though the property converted does not belong to him (the petitioner) but belongs to his wife and an offence under Section 420, I. P. C. , was thereby committed. The defence is that there was an