MALKHAN SINGH Vs. EMPEROR

JUDGEMENT

(1.) I think in this case the conviction must be sat aside. The applicant Malkhan Singh was convicted by a learned Magistrate of the offence under Section 171(f) of the Indian Penal Code. On appeal the learned Sessions Judge changed the conviction into one under Section 171(f) read with Section 511 of the same Code.

(2.) In this Court the contention is that the facts found did not amount to an attempt to commit the principal offence.

(3.) I think this contention is right. I proceed on the facts as have been found in the judgments of the Courts below. It appears that the procedure for voting is something like this : The voter goes to an officer, who issues what are known as "signature slips." He has to state, or in some other way indicate to that officer, who be is. On ascertaining that the applicant is a real voter the officer, in whose charge the signature slips are, issues one to the applicant. The applicant then signs the signature slip, and on the strength of that signature slip obtains a voting paper.