P E BILLINGHURST Vs. KING-EMPEROR

JUDGEMENT

(1.) Nos. 646 and 649 of 1922 are appeals by Billinghurst and Michael against conviction by the Chief Presidency Magistrate who found them guilty on each of the two charges and sentenced them to one year's imprisonment. Blackburn and Stoddart were charged with the same offences but were acquitted by the Magistrate.

(2.) The first charge is as follows : "That you, J. Stoddart, H.P. Blackburn, P.H. Billinghurst, and P.H. Michael, during the period from June 1918 to July 1919, in Calcutta conspired with each other and with C.S. Waite and other persons unknown to commit an offence punishable under Section 420, Indian Penal Code, to wit, to cheat the Government of India of large sums of money in respect of the supply of linseed oil, turpentine, and water-soluble oil by Messrs. Spalding & Co., to the Munitions Board, Calcutta, and you thereby committed an offence punishable under Section 120-B and 420, Indian Penal Code, and within the cognizance of my Court."

(3.) Objection was taken by learned Counsel on behalf of Billinghurst to the first charge on the ground that it contained allegations amounting to charges of three different conspiracies and that consequently it was a bad charge.