EMPEROR Vs. MOHAMMAD ISRAIL

JUDGEMENT

(1.) Mohammad Israil was committed to the Court of Sessions to take his trial under Secs.380 and 467, I.P.C. The trial was held with the aid of a jury. The verdict of the jury was that Mohammad Israil was not guilty of theft under Section 380, I.P. C, but that he was guilty of forgery under Section 467, I.P. C, The Sessions Judge accepted the verdict of the jury in its entirety. In the result, he acquitted Mohammad Israil of the offence of theft but convicted him under Section 467, I.P. C, and sentenced him to one year's rigorous imprisonment and a fine of Rs. 1,000 or in default to undergo six months rigorous imprisonment.

(2.) The order of the Sessions Judge has been challenged by the Local Government, which has preferred an appeal to this Court against the acquittal of Mohammad Israil on the charge of theft and by Mohammad Israil against his conviction under Section 467, 1.P.C.

(3.) There is a firm of the name of Mohammad Sami Abdul Hakim at Allahabad, which held two hundis in due course one of which was for Rs. 500 and the other for Rs. 365. These hundies were endorsed in favour of Jawaharmal Lachmi Narain, their Bombay agents for collection; but the hundis never reached the latter firm.