SANMUKHSING Vs. KING

JUDGEMENT

(1.) THEIR Lordships, having at the conclusion of the hearing intimated that they would humbly advise His Majesty to dismiss this appeal, now give their reasons.

(2.) THIS is an appeal by special leave from an order of the Chief Court of Sind, in its appellate criminal jurisdiction, dated July 18, 1945, which summarily dismissed the appeal of the appellants from the conviction and sentences passed on them on March 24, 1945, by a Judge of the said Court, exercising Sessions Court jurisdiction, who, in accordance with the majority verdict of a jury, found (1) both of them guilty of being parties to a criminal conspiracy to cheat one Rochiram Asoomal Canser (Section 120b read with Section 420 of the Indian Penal Code) : (2) the first appellant guilty of having, in pursuance of the said conspiracy, forged two documents (referred to in the record as exs. A and B) purporting to be an agreement in duplicate executed at Lahore by a fictitious person called Dr. S. C. Rao, described therein as "general Manager, Herbarium Lahore," and at Karachi by the said Rochiram as "chairman, Sunderson Limited," wherein receipt of Rs. 8,000 as paid by the first appellant to the Herbarium on behalf of Rochiram, was acknowledged (Section 467, Indian Penal Code.): (8) the second appellant guilty in pursuance of the said conspiracy of having aided and abetted the first appellant in forging the said documents (Section 467 read with Section 109, Indian Penal Code.): (4) both of the appellants guilty of having, in pursuance of the said conspiracy, fraudulently and dishonestly used the said documents in an attempt to induce Rochiram to pay to them Rs. 3,000 (Section 471, Indian Penal Code.); and sentenced the first appellant to rigorous imprisonment for eighteen months under (1), for five years under (2) and for five years under (4); and the second appellant to rigorous imprisonment for eighteen months under (1), for two years under (3) and to two years under (4); and directed the sentences in each case to run concurrently.

(3.) THIS ground of appeal therfore fails.