EMPEROR Vs. BISHAN SAHAI VIDYARTHI

JUDGEMENT

(1.) Five persons, B.S. Vidyarthi, A.B. Tandon, Gopi Nath Singh, K.B. Tandon and R.B. Govind Prasad, were tried by the Additional Sessions Judge of Agra under Section 120-B on a. charge of having criminally conspired together to make money out of the public by committing offences under Secs.420, 465, 467 and 477-A, I.P.C. Against certain of the accused, there were also specific charges of cheating, attempting to cheat, forgery, falsification of accounts and criminal misappropriation, the relevant sections being Secs.420, 420/511, 465, 467, 477-A and 409, I.P.C. In all, there were 17 charges. R.B. Govind Prasad and K.B. Tandon have been acquitted by the trial Court on all charges. B.S. Vidyarthi, A.B. Tandon and Gopi Nath Singh have been convicted on charges Nos. 2 and 3 under Section 477-A and have been sentenced to two years rigorous imprisonment on each charge, the sentences to be concurrent. B.S. Vidyarthi has also been convicted on charge No. 12 under Section 409, I.P.C., and has been sentenced to undergo two years rigorous imprisonment and to pay a fine, the sentence of imprisonment to be consecutive with the sentence which has been imposed upon him under Section 477-A, I.P.C. These four persons have been acquitted on the remaining charges.

(2.) There is an appeal by the Local Government against the acquittal of B.S. Vidyarthi, A.B. Tandon, Gopi Nath Singh and R.B. Govind Prasad on charges Nos. 1, 4, 6 and 8 and there is also an application by the Local Government for enhancement of the sentences which have been inflicted on them for the offences in respect to which they have been convicted. These persons have also appealed to this Court against their conviction. R.B. Govind Prasad has however died in the meanwhile and so his case is no longer before us.

(3.) The case for the prosecution briefly put was that the accused conspired to float a bank with the object of defrauding the public, that certain of them committed specific offences in furtherance of the conspiracy and that certain of them committed other offences outside the conspiracy, but in the course thereof. B.S. Vidyarthi, A.B. Tandon and Gopinath Singh all pleaded not guilty at the trial, each alleging that whatever he did was done honestly and in good faith : and it was denied that there was any conspiracy to cheat or defraud the public.