EMPEROR Vs. ABDUL RAHIMAN AKRAMDIN

JUDGEMENT

(1.) It has been submitted by the Clerk of the Crown for consideration whether the sentences passed by me on accused Nos. 1 and 2 were in accordance with law.

(2.) Accused Nos. 1 and 2, with two other persons, were tried before me and a jury, under five charges : (l) the first charge was of a criminal conspiracy to print and forge railway tickets, to use them as genuine and to cheat intending passengers and the railway company (s. 120B of the Indian Penal Code). The other four charges were charges of having committed offences in pursuance of the said conspiracy, viz., (2) of forging railway tickets ( Secs.467, 34), (3) f)i forging the tickets knowing that they would be used for the purpose of cheating ( Sections 468, 34), (4) of dishonestly using the tickets as genuine (ss, 467, 471, 34), and (5), of cheating by fraudulent and dishonest representations of having purchased the tickets and inducements, requests for payment etc., connected with or following such representations ( Secs.417, 34).

(3.) The jury brought in unanimous verdicts of not guilty against all the accused in respect of the first four charges. As to the fifth charge the jury unanimously acquitted accused Nos. 3 and 4; but a majority held accused Nos. 1 and 2 guilty. I accepted the verdict of the majority finding accused Nos. 1 and 2 guilty under the 5 charge, viz., of cheating in pursuance of the conspiracy. I deferred passing sentence for a day, and then after hearing counsel, sentenced accused Nos. 1 and 2 to terms of imprisonment and fines.