PANDURANGA RAO ALIAS V P NAIDU Vs. STATE

JUDGEMENT

(1.) two revision cases relate to the conviction of thepetitioners for an attempt to cheat the Oriental Government Security Life insurance Co., with its head-quarters at Bombay inrespect of the life insurance policy taken by one Jai Narayana Chogalal Joshi of Hyderabad for Rs. 3000/ by laying a false claim that the insured had died under Section 420 read with Section 511, L. P. C. by the 4th City Magistrate, Hyderabad City in CC 150/4 of 1958. The conviction was confirmed in appeal by the Additional Sessions Judge, Hyderabad City. Each of the petitioners has been sentenced to rigorous imprisonment for an year and a fine of Rs. 50/ or in default to rigorous imprisoment for two months.

(2.) The facts of the case are that the said Jai Narayana Chogalal Joshi had taken a policy on his life Rs. 3000/ The policy was accepted on 26 -2 1955. The nominee under the policy was one Niranjanlal, the son of his brother, Sri Lal the second accused in the case. A premium of Rs. 226-2-0 was payable yearly. The first premium was paid in advance. It was in respect of this policy that the two accused, Pandu Ranga Rao, alias V. P. Naidu (A-1) and Sri Lal (A-2) were found guilty of having comnitted the offences alleged of which they were convicted. In short, the attempt to cheat the insurance Company consisted in making a false claim for the policy amount on the fraudulent misrepresentation that the insured had died on 1-6-1955 supported by false documents to wit a death certificate, a cremation certificate, the last medical attendance certificate, an identification certificate etc.

(3.) It is the prosecution case that the two petitioners who will be referred to here after as the accused acted jointly in the commission of the alleged offences.