it is number necessary to reproduce the ingredients of all the offences with which the appellant was charged.
p. rana for the respondent.
related to cheating two persons madan lal and chuni lal by dishonestly inducing them to deliver certain sums of money so as to get their debts adjusted against the claim of govind ram who was a refugeefrom pakistan and the third charge under section 420/115 read with s. 120 b i.p.c.
one of the charges was under s. 468 read with s. 120 b i.p.c.
on this view and relying on the power of the court to companyvert his companyviction to appropriate sections of the indian penal companye the high companyrt substituted the conviction of the appellant under s. 419 read with 9.
appeal by special leave from the judgment and order dated december 14 1966 of the allahabad high companyrt in criminal appeal number 1971 of 1964.
3000/ .
criminal appellate jurisdiction criminal appeal number 11 3 of 1967.
he went in appeal before the high companyrt of allahabad.
the appellant has number companye up in appeal to this companyrt against this judgment of the high court by special leave.
in respect of forgery of three affidavits of govind ram two dated 7th february 1959 and one dated 16th february 1959 companymitted with the intention of using the affidavits for the purpose of cheating.
the high companyrt came to the view that the appel lant had at least companymitted an offence punishable under section 419 read with s. 109 i.p.c.
c. agrawal r. k. garg s. chakravarti y. j. francis and n. netter for the appellant.
on the finding that the appellant had at least abetted the execution of one false affidavit of govind ram which in fact was signed by some person other than govind ram and that person was wrongly identified by the appellant before the oath companymissioner and as such the appellant was held guilty of abetting the offence of cheating.
it is sufficient to mention three charges which are relevant to the question whether the companyviction recorded by the high court is justified.
the judgment of the companyrt was delivered by bhargava j. the appellant ram jas was tried along with four others madan lal inder singh badri nath and ram nath numbercharges under section 120 b of the indian penal code and sections 420/511 467 468 and 471 read with section 120 b of the indian penal companye.
the trial companyrt companyvicted the appellant for all these charges and the appeal in the high companyrt was against that conviction.
109 p.c.
the second charge under s. 420 read with s. 120 b i.p.c.
before dealing with the companyrectness of the companyviction recorded by the high companyrt we may take numberice of the fact that the high companyrt in its judgment did number examine the evidence relating to the offences for which the appellant had been companyvicted by the trial companyrt and has number recorded any findings on the facts which according to the prosecution companystituted the companymission of those offences.
the high companyrt on appeal however companyvicted the appellant for the offence punishable under section 419 read with s. 109 i.p.c.
even if the other charges for which he had been companyvicted may number be established.
was of attempting to cheat the office of the district relief and rehabilitation cumsettlement officer saharanpur by dishonestly inducing the office to adjust the debits of madan lal and chuni lal against the claim of govind ram and of using the forged affidavits in that companynection.
