LEGAL REMEMBRANCER Vs. MANMATHA BHUSAN CHATTERJEE

JUDGEMENT

(1.) The four accused were tried by the Magistrate of Asansol on two charges imputing criminal conspiracy to cheat the East Indian Railway Co. The charges were laid under Section 420 read with Section 120B and under Section 417 read with Section 120B of the Indian Penal Code. That is to say, on the same evidence the accused were charged with conspiring to cheat the East Indian Railway Co. in each of the two ways denned in Section 415. The Magistrate convicted the accused on both charges but passed sentence only under the charge which refers to Section 420B read with Section 120B. He sentenced all the accused to imprisonment till the rising of the Court. In addition he imposed on the accused Biseswar and Manmatha a fine of Rs. 300 each and on Ramdin Lal and Hriday Narain a fine of Rs. 500 each.

(2.) On appeal to the Sessions Judge of Burdwan, the convictions and sentences were set aside and the accused were acquitted.

(3.) We have now to deal with an appeal by the Local Government from the Sessions Judge's judgment of acquittal.