Judgment

MEHR CHAND MAHAJAN, C.J.I.

This is an appeal under Article 134 (1) (c) of the constitution of India from the judgment of the High Court at Calcutta dated the 21st of March 1952 whereby the High Court upheld the conviction of the appellant under Section 467 of the Indian Penal Code but reduced the sentence passed upon him by the Additional Sessions Judge of Burdwan.

2. The appeal concerns one of a series of cases known generally as "The Burdwan Test Relief Fraud cases" which had their origin in the test relief operations held in the District of Burdwan in 1943 during the Bengal famine of that year. The acute scarcity and the prevailing distress of the famine - stricken people in the district called for immediate relief and test relief operations were undertaken by the District Magistrate. The Government of Bengal sanctioned four lakhs of rupees as advance to the District Board for such test relief operations. The District Board, however, instead of conducting the relief work directly, appointed several agents on commission basis through whom the test relief operations were carried out.

This was in clear violation of the Bengal Famine Code and the Famine Manual, 1941, and as exceedingly large sums were being spent the suspicions of the Government were aroused about the bona fides of the test relief work carried out through their agents. This led to an inquiry and as a result of this several cases were started against various persons and the appellant s case is one of them.

3. The Government reached the decision that these cases were not fit for trial by jury and accordingly on 24th February 1947 a notification was issued for trial of these cases by the Court of Session with the aid of assessors.

The notification is in these terms :

"No 4591 - 17th February 1947, ... Whereas by a notification dated the 27th March 1893, published in the Calcutta Gazettee of the same date, it was ordered that on and after the 1 st day of April, 1893, the trial of certain offences under the Indian Penal Code before any Court of Session in certain districts including the district of Burdwan shall be by jury;

"And whereas by notification No. 33471, dated the 22nd September 1939, published at page 2505 of Part I of the Calcutta Gazette of the 28th September 1939, it was ordered that on and from the 1st day of January 1940, the trial of certain other offences under the Indian Penal Code before any Court of Session shall be by jury ;

"And whereas certain persons are alleged to have committed offences under Sections 120-B, 420, 467, 468, 471 and 477-A of the Indian Penal Code in a set of cases known as the Burdwan Test Relief Fraud Cases of whom the accused persons in two cases, namely - Emperor v. Dhirendra Nath Chatterjee and others and (2) Emperor v. Golam Rahman and others have been committed to the Court of Session at Burdwan for trial and the accused persons in the remaining cases may here after be committed to the said Court for trial;

"Now, therefore, the Governor in exercise of the power conferred by sub-section (1) of Section 269 of the Code of Criminal Procedure, 1898 is pleased to revoke the said notifications is so far as they apply to the trial of the offences with which the accused in the said cases are charged in the Court of Session".

4. In pursuance of this notification the appellant along with six others was sent up for trial before the Additional Sessions Judge of Burdwan. The charge against him was under Section 420 read with Section 120-B, I. P. C. for conspiracy to cheat the District Board of Burdwan and some of its officers in charge of the lest relief operations between the 21st May and the 21st July 1943.

The appellant was also charged on 24 counts of forgery under Section 467, I. P. C. and the case for the prosecution against the appellant on these counts was that be committed forgery by putting his own thumb impressions on pay sheets on which the thumb impressions of person who received payment for work done on a