PANCHANAN MUKHERJEE Vs. STATE

JUDGEMENT

(1.) The appellant was tried on three charges one under Section 467, I. P. C., the second under Section 471/467, and the third under Section 420, I. P.C. He was acquitted in accordance with the unanimous verdict of the jury of the first two charges but convicted of the third charge. Briefly stated the prosecution case was that after the death of Omratan Bibi in whose favour compensation for lands acquired in Land Acquisition proceedings had been awarded the appellant. presented an application purporting to be by Omratan Bibi supported by a Muktearnama purporting to have been executed by her and thereby induced the authorities to pay out to him the money awarded. It is alleged that at the time he used the documents he knew or had reason to believe that these documents were forged and it was by using them he committed cheating.

(2.) The defence of the accused is that somebody on behalf of Omraton Bibi approached him with papers containing thumb impression with the certificate that it was of Omraton Bibi and under his Instructions he acted in the honest belief that the application had been signed and the Muktearnama executed by Omraton Bibi, and that he had no knowledge that it was forged.

(3.) It is obvious that the verdict of the Jury that he was not guilty of the offence under Section 471/467, I. P. C. is inconsistent with the verdict that he was guilty under Section 420, I. P. C. As the only deception alleged is by his alleged representation of forged documents to be genuine documents, it is impossible to me (Sic) how the Jury after holding that he did not use the forged documents knowing or having reason to know them to be forged, could still find that he had practised deception.