Judgment

PALEKAR, J::- These are appeals by Special leave by one Mahendra Singh from an order of conviction under Sections 419 and 471 both r/w. Sections 109 and 466, IPC recorded by the learned Additional Sessions Judge, Jodhpur confirmed in appeal by the High Court of Rajasthan so far as Sections 466 and 471 r/w Section 109, IPC are concerned. The sentences of imprisonment imposed by the learned Additional Sessions Judge were reduced by the High Court to the period already undergone.

2. The facts, so far as the appellant is concerned are that the appellant at the relevant time was working as a Cargo Clerk in the Indian Air Lines at Delhi. On 23rd January, 1954, three persons namely Pakhar Singh Mehar Singh and Niranjan Singh went to Jodhpur Airport with Passports for boarding in the plane going to Karachi from where they were to proceed to Great Britain. After examining the luggage and passports, they were allowed to board the plane but the Officer, Shri Sukhdeo Muni, entertained some suspicion about them and so before the plane left, he went inside the plane, examined the passports more closely and on interrogation realised that the passports were forged He, therefore, made these three persons alight from the plane and took them to the Police Station. The passport in the possession of Pakhar Singh which is Ext. P-5A though it bore the photograph of Pakhar Singh had been issued in the name of one Shiv Singh. The passport Ext.P-15A which was carried by Mehar Singh had been issued in the name of one Harnam Singh though the photograph thereon was of Mehar Singh. The passport Ext. P-11A which was carried by Niranjan Singh had been issued to one Kanan Singh though it bore the photograph of Niranjan Singh. The first one was originally valid for India and Philippines; the second for Singapore and Indonesia and the third for Uganda Protectorate via Kenya. The subsequent endorsements, however, purporting to be made by the Home Secretary, Delhi State Govt., Delhi were found to be made on some dates in 1953 validating" them for some of the western countries including Great Britain, Egypt, Iraq, Iran etc. These endorsements, as also the signature of the Home Secretary and the seals affixed thereon are said to be forged.

3. On further investigation, the following facts came to notice.

4. One Karam Singh from Punjab made it a business to procure forged passports for money consideration. He obtained Ext. P-5A from Shiv Singh, Ext. P-15A from one Kahan Singh and Ext. P-11A from Harnam Singh and had them forged for the benefit of Pakhar Singh Mehar Singh and Niranjan Singh respectively. The allegation is that the endorsements on all these three passports validating them for the western countries were in the handwriting of the appellant, Mahendra Singh. Karam Singh purchased rail tickets from Phagwara to Jodhpur for Pakhar Singh. Mehar Singh and Niranjan Singh and saw, them off at Phagwara Railway Station assuring them that they will get their passports and other documents at Jodhpur.

5. After the trio got down at the Jodhpur Railway Station they were met by one Kartar Singh. Being Sikhs they were keeping beard but Kartar Singh arranged for shaving the beards and to give them a proper hair cut. Kartar Singh then took them to a local photographer, and in the meantime, lodged them in a part of the house of one Manohar Singh - the same having been hired by the appellant a few days earlier. Kartar Singh obtained the photographs and, thereafter, delivered the passports and the travel documents to the customers and himself took them to the Airport in a Taxi. We have already referred to the fact that after Pakhar Singh, Mehar Singh and Niranjan Singh had boarded the plane, they were removed from it by Mr. Sukhdeo Muni.

6. After the investigation was over the Police sent in one Chargesheet against Pakhar Singh, Mehar Singh Niranjan Singh, Karam Singh, Kartar Singh and the appellant Mahendra Singh. Out of the three genuine passport holders namely Shiv Sin