LAWS(SC)-1963-6-1

FAKHRUDDIN Vs. STATE OF MADHYA PRADESH

Decided On June 26, 1963
FAKHRUDDIN Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The appellant Fakhruddin has been convicted under sections 465, 467 , 417 , 419, 471 and 120-B of the Indian Penal Code and sentenced in the aggregate to three years' rigorous imprisonment, by the 2nd Additional Sessions Judge, Indore. His appeal to the High Court of Madhya Pradesh (Indore Bench) was dismissed by the judgment under appeal.

(2.) As many as 7 persons (including Fakhruddin) were presented for criminal conspiracy, forgery, cheating and personation. They were alleged to have conspired together to forge applications for permits for corrugated and plain iron sheets in the names of non-existing persons. It was alleged against some of them that in the prosecution of the conspiracy they had committed the Cr. A. No. 1 of 1964 (by Special leave) decided on 13-12-1966 against the decision of M. P. High Court (Indore Bench), dated 26.8-1963, in Cr. A. No. 370 of 1962. n, several offences above-mentioned. Fakhruddin was one such person. The Additional Sessions Judge convicted only three and acquitted the rest. They were Fakhruddin, one Ali Hussain and a cartman by name Anandilal. On appeal, the High Court acquitted Ali Hussain and Anandilal. Thus of the seven original accused, Fakhruddin alone has suffered conviction.

(3.) The first submission must be accepted. THE offence of conspiracy cannot survive the acquittal of the alleged co-conspirators. Fakhruddin cannot be convicted unless there be proof that he had conspired with person or persons other than his co-accused. If all the other accused have been acquitted of the charge of conspiracy, Fakhruddin alone cannot be held guilty. Moreover, the offences charged are such that they could have been perpetrated by different persons acting in the same manner but independently and the large number of petitions does not show per se that there was necessarily a conspiracy. When it must have been known that there was no verification, persons wishing to take advantage need not have conspired for they could act on their own and the similarity of method followed by them does not establish a planned operation by consensus. THE charge of conspiracy must fail and Fakhruddin is acquitted of that charge and the sentence passed under that charge against him is set aside.