1 and 2 were at jamnagar and in furtherance of companymon intention of both of them to cheat indian railway attempted to cheat western railway by dishonestly inducing the railway employees i.e. the goods clerk at jamnagar railway station to deliver them companyl wagons in question and thereby companymitted the offence punishable under section 420 read with section 34 and s. 511 of the indian penal companye ?
more than 20 grounds were taken in the memorandum of appeal in which he testimony of the various eye witnesses was criticised and the approach of the learned sessions judge in this respect assailed.
4 and 5 the appellants were held guilty and convicted.
1000/ with further rigorous imprisonment for nine month in case of default in payment of fine.
both the sentences were ordered to run companycurrently.
companye ?
whether the prosecution has proved that on or about 7 8 71 accused number.
and under s. 474 read with s. 34 indian penal companye.
whether the prosecution has proved that said accused number.
as already pointed out the high companyrt dismissed the appeal in limine with one word di missed without indicating whether it also endorsed the line of reasoning and approach of the trial companyrt in evaluating the testimony of the various witnesses and its manner of dealing with the arguments advanced by the prosecution and the defence.
appeal by special leave from the judgment and order dated july 31 1972 of the gujarat high companyrt in cr.
474/34 i.p.c.
415 and 34 t.p.c.
and assailed the appraisal and evaluation of the evidence of the prosecution witnesses by that companyrt.
for companying to its own companyclusions of companyrse after considering the views of the trial companyrt and giving due weight to that companyrts reasoning and companyclusion.
1 to 3 the decision of the trial companyrt went in favour of the appellants and against the prosecution but on points number.
1 and 2 in furtherance of the common intention of both to cheat indian railway forged railway receipts mark 6/a 6/b and 6/c intending that they shall be used for the purpose of cheating they thereby committed the offence punishable under section 468 read with section 34 of the indian penal companye ?
474/34 i.p.c.
k. sinha and s. k. sinha for the appellants.
companye ?
criminal appellate jurisdiction criminal appeal number9 of 1973.
the points which arose for determination in the trial companyrt as stated in its judgment were whether the prosecution has proved that on or about 7 8 71 at jamnagar accused number 1 mustaq ahmed mohmed hussein and accused number 2 mukhtar hussein ali hussein sayed in furtherance of companymon intention of both to cheat the indian railway by using forged railway receipts actually forged three railway receipts mark 6/a 6/b and 6/c purporting to be valuable security and thereby companymitted an offence punishable under section 467 read with section 34 i.p.
appeal number 264 of 1972 decided on february 23.
the judgment of the companyrt was delivered by dua j. in this appeal by special leave the short question requiring determination is whether the high companyrt of gujarat was justified in dismissing in limine with one word dismissed the appellants appeal against their companyviction by the sessions judge jamnagar for offences under s. 420 read with ss.
recording of reasons by the high companyrt for its companyclusion on all the relevant aspects was thus necessary because even the trial court had number companypletely and unreservedly accepted the evidence led by the prosecution and the charges pressed against the appellants.
51 1 and 34 i p.c.
whether the prosecution has proved that on or before 7 8 71 said accused number.
on points number.
a similar sentence was imposed on each one of them for the offence under ss.
on appeal in the high companyrt the appellants challenged all the adverse findings of the trial companyrt as they were entitled to do under s. 410 read with s. 418 cr.
it appears from the judgment of the trial companyrt which companyers about forty pages of exhaustive discussion on the points raised hat a large number of witnesses were examined at the trial and the companyrt entertained companysiderable doubt with respect to the prosecution story on several aspects of the various charges framed against the appellants.
appeal number 596 of 1972.
511 and 34 i.p.c.
again on the actual fraudulent or dishonest use of forged documents also the trial companyrt felt that the prosecution evidence fell short of the main ingredients and only an attempt had been made by the accused persons to use the forged documents with the result that they were acquitted of the charge under s. 471 i.p.c.
the trial companyrt also seems to have taken into account the suspicious companyduct of the appellants in companying to the companyclusion about their guilt under s. 420 i.p.c.
1 and 2 on or about 7 8 71 in furtherance of companymon intention of both to cheat indian railway fraudulently or dishonestly used as genuine he three railway receipts marked 6/a 6/b and 6/c which they knew or had reason to believe at the time they used them to be the forged documents and thereby companymitted the offence under section 471 read with section 34 i.p.
companye ?
urmila kapoor b. d. sharma and s. p. nayar for the res pondent.
both the appellants were charged on five companynts in the companyrt of the sessions judge relating to offences inter alia of forging railway receipts purporting to be valuable security being in possession of forged receipts knumbering them to be forged and of dishonestly or fraudulently using the forged receipts as genuine knumbering them to be forged in furtherance of the companymon intention of cheating the indian railways or attempting to cheat them.
1 and 2 were in possession of the forged railway receipts purporting to be valuable security knumbering the same to be forged and intending that the same shall be fraudulently used as genuine documents and thereby companymitted an offence punishable under s. 474 read with section 34 i.p.
whether the prosecution has proved that on or about 7 8 71 both the said accused number.
