KUNJALAL GHOSE Vs. EMPEROR

JUDGEMENT

(1.) The petitioner was convicted by the Deputy Magistrate at Chandpur in the District of Tippera, under Section 420/120-B and Section 418, Indian Penal Code, and sentenced to rigorous imprisonment for 18 months and to a fine of Rs. 500 in default to further rigorous imprisonment for six months, under Section 420/120-B. There was a sentence of rigorous imprisonment for 18 months also, under Section 418;, but the sentence so passed was to run concurrently with the other sentence passed under Section 420/120-B, Penal. Code. The aforesaid conviction and sentence by the learned Magistrate I were affirmed on appeal by the learned Sessions Judge of Dacca, to whose Court the appeal was transferred for hearing and disposal.

(2.) The charge against the petitioner was fraud committed on the Sun Life Assurance Company of Canada, by inducing the said company to accept the proposal for insurance on the life of one Monoranjan Mazumdar, for the sum of Rs. 15,000, securing a false medical report from Dr. Birendra Chandra Mazumdar of Dacca, about the said Monoranjan Mazumdar and by suppressing and misrepresenting facts about him and his family history, to the said company with the knowledge that the accused was thereby likely to cause wrongful loss to the said company whose interest in the transaction to which the cheating relates, the accused as an agent of the company was bound to protect.

(3.) In view of the terms of the rule is sued by this Court the nature of the evidence on the record had to be considered by us, for the purpose of determining whether the findings arrived at by the Court below were sustainable, and the conviction of the petitioner could be upheld.