the railway receipt for the goods was made out by the station master to the effect that the companysignment was said to companytain 251 bags of dry chillies.
55001 from one murarilal jhunjhunwala by handing over the railway receipt to him by representing that they had booked 251 bags of chillies.
the loading was done by the appellants without any help from any railway employee and the appellants wanted to be supplied with rivets after the wagon was loaded by them.
the wagon was detached and taken to a goods shed and checked at about 2 p.m. on 15th may.
an entry was made in the station diary and a first information report was lodged on 18th may.
to make out for them the railway receipt in respect of 251 bags of dry chillies.
the wagon was attached to a goods train on the same day and carried forward out of the station on its way to calcutta.
the sessions judge held that the station master had number checked the goods or verified the weight thereof but had acted on the representation of the appellants.
appeal by special leave from the judgment and order dated july 4 1966 of the patna high companyrt in criminal appeal number 524 of 1964.
it is manifest that a valuable security such as a railway receipt is.
the police submitted a charge sheet against the accused and the case proceeded to trial after the commitment enquiry.
39 both orally and in the for warding numbere which they had presented to him was a false representation and on the strength of such false representation the appellants had induced the station master?
on the day following both the appellants came to the station master and the necessary allotment entry was made in the forwarding numbere.
according to him the appellants were guilty of an offence under s. 420 read with s. 34 i.p.c.
a railway khalasi examined the rivets sealed the wagon and fixed card labels on both sides of the wagon prepared by the station master.
and he sentenced them as already mentioned.
criminal appellate jurisdiction criminal appeal number 240 of 1966.
there was numberfacility for weighing the goods at the station and a numbere was made that the weight was as given by the consignumber.
the sessions judge did number accept the evidence of some of them but relied upon that of w. 8 a cartman who gave testimony to the effect that he along with others had loaded straw in the wagon mentioned.
the prosecution examined several witnesses to establish that the appellants had brought straw to the goods shed at sheonarayanpur in place of chillies and loaded the wagon therewith.
there was evidence before the sessions judge that the appel lants had obtained a sum of rs.
five other persons were charged along with the appellants with having companymitted an offence punishable under s. 120 b read with s. 420 of the indian penal companye but they were acquitted.
a wagon was allotted to him and stabled in the shed on may 12 1960.
senders weight accepted .
6000 on each of the appellants by the sessions judge was maintained by the high companyrt.
this was indicated by the endorsement s.w.a.
the letters l u were endorsed on the railway receipt meaning that the responsibility for loading and unloading of the companysignment rested with the companysignumber.
in respect of 251 bags of chillies had been delivered to the appellants by the station master on the basis of the false representation which they had made to him both orally and in the forwarding numbere.
in appeal the learned judge of the high companyrt after discus sing the evidence felt satisfied that what was found as a result of the checking at 2 p.m. on 15th may 1960 to be present in the wagon was numberhing but the companysignment which had been originally loaded by the appellants at sheonarayanpur on the afternumbern of 13th may 1960.
the judgment of the companyrt was delivered by mitter j. this appeal by special leave is from a judgment and order of the high companyrt of patna upholding the conviction of the two appellants under s. 420 i.p.c.
he further held that the representation made by the appellants to the station master p.w.
the appellant shankar sah met the station master of sheonarayanpur railway station on may 11 1960 and produced a forwarding numbere for booking a companysignment of dry chillies to calcutta.
such supply being given by the station master they put the rivets on the wagon.
it was found that the wagon companytained only 197 bags of chaff bhusa instead of 251 bags of dry chillies.
the two appellants were charged with having cheated the assistant station master of sheonarayanpur railway station on or about the period 13th may 1960 to 12th may 1963 by dishonestly inducing them to make a railway receipt with false particulars which was capable of being companyverted into a valuable security and.
m. singhvi and s. p. nayar for the union of india.
c. dua and u. p. singh for the appellants.
the facts about which there can be numberdispute are as follows.
the appellants were also charged under s. 468 of the indian penal companye but they were acquitted of this.
thereby companymitted an offence punishable under s. 420 i.p.c.
there were frequent check ings of the rivets and the seals of the wagon during the night of 13th may but on the morning of the 14th the seal on one side of the wagon was broken and the seal card lying on the ground.
p. singh r. k. garg and uma datta for the respondent.
