FAKHRUDDIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant Fekhruddin 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 under appeal.

(2.) As many as seven 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 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 Anandilal. On appeal, the High Court acquitted Ali Hussain and a cartman by name Anandilal. Thus of the seven original accused, Fakhruddin alone has suffered conviction.

(3.) Fakhruddin like some of the other accused who have since been acquitted was in the hardware business. The modus employed in the commission of the offences was to present applications for permits to the Civil Supplies Officer in fictitious names and to obtain permits by pretending to be the applicants. Persons desiring to obtain iron-sheets had to apply on printed forms stating their names, addresses and the kind, size and quantity of the sheets desired. The permits were made in triplicate copies and the third counterfoil was required to be signed in token of receipt of the permit. The permit and one extra copy were handed over to the successful applicants, who on presentation of the permit to the Indore Iron and Steel Registered Stockholders Association, received the items mentioned in the permits. Although the iron-sheets were not rationed, the issuance of permits was with a view to keeping a check so that only genuine users might benefit and the passing of the sheets into the black market prevented. As a matter of fact slackness in or absence of verification of the identity of the applicants and their needs, made it easy for some persons in the trade to resort to such devices to obtain supplies with a view to profiteering.