Judgement

HIDAYATULLAH, J.: The appellant Gajjan Singh, who appeals to this Court by special leave against his conviction under Ss. 471 and .174, Indian Penal Code and sentences in the aggregate of three years rigorous imprisonment and a fine of Rs. 1000, was convicted originally under Ss. 466 and 474, Indian Penal Code by the Additional Sessions Judge, Indore. In an appeal by him the conviction under S. 466 was altered to one under S. 471 but the conviction under S. 474 and the sentences passed on him were maintained, by the Madhya Pradesh High Court.

2. Gajjan Singh was the owner of truck No. MPF 5554 which was in the charge of Bhagat Singh his driver. On August 19, 1960 the truck was checked at Nasik because it was suspected to be overloaded. The truck was said to be plying under a temporary permit No. 3175 which was produced before the authorities but on inspection it was found that the permit which had been issued for a period 1-7-1960 to 31-7-1960 was altered to read 1-8-1960 to :31-8-1960. In other words, the figures denoting the month were altered from 7. to 8. Gajjan Singh and Bhagat Singh were prosecuted on diverse charges but Bhagat Singh was acquitted.

3. Only two points m