S.M.SIKRI, G.K.MITTER, P.JAGANMOHAN REDDY
Hari Sao – Appellant
Versus
State Of Bihar – Respondent
Judgment
MITTER, J. : This appeal by special leave is from a judgment and order of the High Court of Patna upholding the conviction of the two appellants under Section 420, I. P. C. read with Section 34 but reducing the sentence of imprisonment on each of them by awarding rigorous imprisonment for three years in place of seven years. The imposition of fine of Rs. 6,000 on each of the appellants by the Sessions Judge was maintained by the High Court. The two appellants were charged with having cheated the Assistant Station Master of Sheonarayanpur Railway Station on or about the period 13th May, 1960 to 12th May, 1963 by dishonestly inducing him to make a railway receipt with false particulars which was capable of being converted into a valuable security and thereby committed an offence punishable under Section 420, I. P. C. Five other persons were charged along with the appellants with having committed an offence punishable under Section 120-B read with Section 420 of the Indian Penal Code but they were acquitted. The appellants were also charged under Section 468 of the Indian Penal Code but they were acquitted of this.
2. The facts about which there can be no dispute are as follows
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