THAKUR SHAH Vs. EMPEROR

JUDGEMENT

(1.) THIS is an appeal against a conviction for abetment of forgery under Section 466 combined with Section 109 of the Indian Penal Code.

(2.) THE appellant was charged with abetting one Jagannath Singh and one Matuk Chandra Das in forging a certain decree sheet and compromise petition, which are Court records and was found guilty by the Sessions Judge of the Santal Parganas. This conviction was upheld by the High Court at Patna. THE history of the case has been fully and accurately stated in the judgment of Chatterji J. in the High Court and need not be repeated at length here. It is only necessary to set out sufficient facts to make this judgment comprehensible.

(3.) ACCORDINGLY the High Court acquitted Matuk and Jagannath of the crime of forgery-Nevertheless they went on to consider whether the facts established would justify a conviction of each of the three accused for abetment of forgery and held (1) that those facts were not sufficient to prove beyond reasonable doubt that Matuk was guilty, but (2) were sufficient" to incriminate the appellant and Jagannath, whose convictions of abetment were accordingly upheld. A further co-accused, one Jai Prasad Misraa, who had been convicted by the Sessions Judge, was acquitted on all charges and their Lordships are not concerned with his case.