TOPANDAS Vs. STATE OF BOMBAY

JUDGEMENT

(1.) The accused No.1, the Appellant before us, and accused Nos. 2,3 and 4 were charged that they, at Bombay, between about June 1950 and November 1950, were parties to a criminal conspiracy by agreeing to do certain illegal act, to wit:Firstly, that they used as genuine forged bills of entry which included bills of entry Exhibit Z;

(2.) The learned Presidency Magistrate, 23rd Court, Esplanades, Bombay, tried all accused for the said offences and acquitted all of them. The State of Bombay thereupon took an appeal to the High Court of Judicature at Bombay, and the High Court reversed the acquittal of accused No.1 and held him guilty of all the offences with which he had been charged including the offences with which he had been charged including the offence under S. 120-B Penal Code. The acquittal of accused 2,3, and 4 was confirmed.

(3.) The High Court, even though it acquitted accused 2,3, and 4 of the charge under S. 120-B, Penal Code, was of the opinion that that deed of assignment put forward by the accused No.1 in his defence was false and fabricated document and the said document along with its accompaniments was forged or was got forged by or with the knowledge or connivance of the accused No.1 'and his coconspirator' and it was impossible to believe that this conspiracy carried out with such meticulous care could be the work of only accused No.1.