R. K. DASH, J.

( 1 ) THIS appeal is directed against the judgment of the Assistant Sessions Judge, Keonjhar passed in Sessions Case No. 1121 36 of 1992 wherein he has convicted the accused, appellant herein, under sections 420, 364 and 307, I. P. C. and sentenced him to undergo rigorous imprisonment for ten years for the offence under section 307, I. P. C. , seven years rigorous imprisonment for the offence under section 364 and five years rigorous imprisonment for the offence under section 420, I. P. C. It has been ordered that all the sentences are to run concurrently.

( 2 ) THE prosecution case may briefly be stated thus: Accused is the maternal uncles son of Manorama Maharana, P. W. 5. Taking advantage of his relation, he influenced P. W. 5t husband Giridhari Maharana, P. W. 6 that if he arranges Rs. 7,000/- he could be able to get a job for his son Bijay. P. W. 6 agreeing to his proposal arranged money and paid him half of the amount demanded, where after he left with Bijay in the month of February 1992 and since then Bijayts where about is not known. When the accused was asked about Bijay he replied that he has gone on tour. In the month of May, 1992 a letter said to have been written by Bijay was received in which it was written that if a sum of Rs. 20,000/- is given to accused, he could also arrange a job for, his brother Ashok, P. W. 1. Two days after receipt of that letter, accused came to the house of P. W. 16 and asked for money. Since such huge amount was not immediately available, P. W. 6 arranged money and paid him Rs. 18,700/- in phases. On 19. 6. 1992 accused took Rs. 1,000/- from P. W. 6 and left for Bhubaneswar with P. W. 1 where both of them remained in Aristo Lodge. On 2. 1. 1992 accused gave P. W. 1 an impression that a bodyweight certificate would be required and to obtain such certificate his weight should be increased. So saying, he took him to Khandagiri hill where he administered him some powder with banana to increase his body weight After a while P. W. 1 felt reeling of head. The accused then advised him to lie down and if he felt vomitting, he should not vomit or else the medicine might not work. Ultimately, P. W. 1 vomitted and sought for help. But by then the accused leaving him there had left the place. Some time after when P. W. 1 felt little better he climbed down the hill and came to Aristo Lodge where he found the accused absent so with the help of duplicate key of the Manager he unlocked the room and stayed for the night. Next day, keeping all his belongings with the Manager he took Rs. 25/- from him and returned back and narrated the whole incident to his father. On a written report being lodged to the Police a case was registered and after usual investigation, charge-sheet was laid against the accused to stand his trial.

( 3 ) THE plea of the accused was one of denial and false implication.

( 4 ) TO substantiate the charge, prosecution examined eight witnesses of whom P. W. 1 is the informant, P. W. 3 is a witness to certain seizures, P. W. 4 is a witness to alleged payment of certain P. W. 1, P. W. 7 is the proprietor of Aristo Lodge and P. W. 8 is the Investigating Officer. Learned trial court on an evaluation of the evidence of P. Ws. , believed the prosecution case and found accused guilty of the charges. Consequently, he convicted and sentenced the accused as hereinbefore stated.

( 5 ) SHRI Ganeswar Rath, learned counsel for the appellant challenging the correctness of the findings of the trial court contended that even accepting the prosecution case that the accused took money from P. W. 6 giving a false promise to arrange a job for his son, P. W. 1, but for that he cannot be held liable under section 420, I. P. C. According to the counsel, it is a civil liability for which necessary relief can only be had in the civil court. It is further submitted that the accused has been seriously prejudiced since no question was put to him while examining under section 313, Cr. P. C. rega