MAGAN BIHARI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) We made an order on 28th January, 1977 immediately after the conclusion of the hearing of the appeal and by that order, we allowed the appeal and set aside the order of conviction and sentence recorded against the appellant. We now proceed to give our reasons for making that order.

(2.) The appellant was tried and convicted by the Judicial Magistrate, 1st Class. Ludhiana for offence under Sections 468, 411 and 428 read with Section 109 of the Indian Penal Code. He carried an appeal to the Sessions Court but the appeal was unsuccessful. A further revision application followed but that too was rejected by the High Court. Hence the present appeal by special leave.

(3.) The facts giving rise to the prosecution are set out in great detail in the judgment of the High Court and hence it is not necessary to reiterate them. It is enough to state that 354 black iron sheets worth Rs. 17,701.91 were despatched by Hindustan Steel Plant from Munda near Bhilai to M/s. Shiv Rattan Mohatta at Bikaner in Wagon No. SEKG 4075. The Railway Receipt in respect of this consignment was sent to M/s. Shiv Rattan Mohatta through the State Bank of Bikaner and M/s Shiv Rattan Mohatta took delivery of the Railway Receipt against payment to the Bank. The consignment, however, did not reach Bikaner and on enquiries being made, it was found by the Railway authorities that the wagon containing the goods had reached Agra en route Bikaner but at some point of time before it reached Agra, the labels attached to the wagon were either changed or removed and the entry in the vehicle summary guidance was also tampered with and changed to Ex-LAR indicating that the wagon was despatched from Lalitpur and its destination was Ludhiana. The result was that wagon, instead of going to Bikaner, was carried to Ludhiana and it reached there on 1st August, 1964.