Judgment

DUA, J. :- In this appeal by special leave the short question requiring determination is whether the High Court of Gujarat was justified in dismissing in limine with one word "dismissed" the appellants appeal against their conviction by the Sessions Judge, Jamnagar for offences under S. 420 read with Ss. 511 and 34, I.P.C. and under S. 474 read with S. 34, Indian Penal Code.

2. Both the appellants were charged on five counts in the Court of the Sessions Judge relating to offences inter alia, of forging railway receipts purporting to be valuable security, being in possession of forged receipts knowing them to be forged and of dishonestly and fraudulently using the forged receipts as genuine knowing them to be forged, in furtherance of the common intention of cheating the Indian Railways or attempting to cheat them.

3. The points which arose for determination in the trial Court as stated in its judgment were :

"(1) Whether the prosecution has proved that on or about 7-8-71 at Jamnagar accused No. 1 Mustaq Ahmed Mohamed Hussein and accused No. 2 Mukhtar Hussein Ali Hussein Sayed in furtherance of common intention of both to cheat the Indian Railway by using forged railway receip