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1970 Supreme(SC) 368

I.D.DUA, V.BHARGAVA
Ram Jas – Appellant
Versus
State Of U. P. – Respondent


Advocates:
D.P.Singh, N.Nettra, O.P.RANA, R.K.GARG, RAMAMURTHI, S.C.AGRAWAL, S.CHAKRAVARTTY, V.J.Francis

Judgment

BHARGAVA, J.:- The appellant, Ram Jas, was tried along with four others. Madan Lal, Inder Singh, Badri Nath and Ram Nath, on charges under Section 120-B of the Indian Penal Code and Sections 420/511, 467, 468 and 471 read with Section 120-B of the Indian Penal Code. He was convicted for offences under these sections and was awarded a cumulative sentence of three years rigorous imprisonment and a fine of Rs.3,000/- in default, two years rigorous imprisonment. He went in appeal before the High Court of Allahabad. The High Court came to the view that the appellant and at least committed an offence punishable under section 419 read with S.109, I.P.C., even if the other charges, for which he had been convicted, may not be established. On this view, and relying on the power of the Court to convert his conviction to appropriate sections of the Indian Penal Code, the High Court substituted the conviction of the appellant under S.491 read with S.109, I.P.C. for conviction recorded by the trial Court, and reduced his sentence to two years rigorous imprisonment, while maintaining the fine of Rupees 3,000/-. The appellant has now come up in appeal to this Court against this judgment












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