LAWS(APH)-1959-12-32

SRI RAM SHASTRY Vs. STATE

Decided On December 18, 1959
IN RE: SRI RAM SHASTRY Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This Crl. R. C. No. 589 of 1938 is directed against the judgment and order of the Addl. Sessions Judge, Hyderabad who confirmed the conviction and sentence of the petitioner passed by the 2nd City Magistrate, Division No. 1 Hyderabad, who had tried the petitioner under Section 471 I. P. C. and found him guilty. The sentence passed was one years rigorous imprisonment and a fine of Rs. 100.00.

(2.) Mr. Sarma the learned counsel for the petitioner has urged that the offence in this case viz., of using a forced document as genuine was, even according to the prosecution, committed some time before 23-1-1949, a fact which is not disputed. He contended that on that date, the Indian Penal Code was not in force in the Hyderabad State and instead the Hyderabad Penal Code was in force.

(3.) He further points out that Section 6 of the Part B States (Laws) Act (III of 1951) clearly lays down that the extension of the I. P. C., the Cr. P. C., and other enactments to the Hyderabad State will not affect whatever had taken place under the previous Act, and that any investigation or institution of proceedings in respect of something done or happened under the previous laws could be proceeded with as if the Part B States (Laws) Act (III of 1951) had not been passed. The relevant portion of Section 6 in question is as follows: