EMPEROR Vs. SHAMA CHARAN

JUDGEMENT

(1.) The appellants, Shama Charan and Jamna Sahai, have been convicted under Section 466 and Shama Charan sentenced to one day s simple imprisonment and a fine of Rs. 500; Jamna Sahai was sentenced to one day s simple imprisonment and a fine of Rs. 100. Ram Lal was also tried at the same time and convicted and sentenced to one day s simple imprisonment and a fine of Rs. 3,000. Ram Lal has not appealed but Government has applied in revision for enhancement of sentence in the case of all three. Notice has duly issued to show cause why the sentence should not be enhanced and Mr. Satya Chandra Mukerji appeared to show cause on behalf of Shama Charan and Ram Lal, while Mr. Gulzari Lal appears to show cause on behalf of Jamna Sahai.

(2.) On another charge, all three persons were also convicted bat the sentence was limited to one day s simple imprisonment in each case. Jamna Sahai and Shama Charan have appealed from that conviction. We do not think that it was unreasonable not to inflict substantial sentences in the second case because to some extent the matter was one transaction. Second offence was committed at one and the same time.

(3.) The offences, with which these several persons were charged in the two cases and some other cases which were instituted at the same time but which have not been proceeded with, were that of altering plaints which had been filed in the Court of the Subordinate Judge of Shahjahanpur and substituting certain pages in these plaints for pages which formed part of the plaint at the date that the suits were instituted. It was admitted that the plaints as originally drawn up were altered very considerably and it was also admitted that certain pages were, after the plaints had been originally drawn up, subsequently substituted. The prosecution alleged that these things were done after the suits were filed, while the accused alleged that the alterations and substitutions were made and done perfectly innocently before the plaints were filed.