Judgment

P. N. BHAGWATI, J. :- We made an order on 28th January, 1977 immediately after the conclusion of the hearing of the appeal and by that order, we allowed the appeal and set aside the order of conviction and sentence recorded against the appellant. We now proceed to give our reasons for making that order.

2. The appellant was tried and convicted by the Judicial Magistrate, 1st Class. Ludhiana for offence under Sections 468, 411 and 428 read with Section 109 of the Indian Penal Code. He carried an appeal to the Sessions Court but the appeal was unsuccessful. A further revision application followed but that too was rejected by the High Court. Hence the present appeal by special leave.

3. The facts giving rise to the prosecution are set out in great detail in the judgment of the High Court and hence it is not necessary to reiterate them. It is enough to state that 354 black iron sheets worth Rs. 17,701.91 were despatched by Hindustan Steel Plant from Munda near Bhilai to M/s. Shiv Rattan Mohatta at Bikaner in Wagon No. SEKG 4075. The Railway Receipt in respect of this consignment was sent to M/s. Shiv Rattan Mohatta through the State Bank of Bikaner and M/s Shiv Rattan Mohatta took delivery of the Railway Receipt against payment to the Bank. The consignment, however, did not reach Bikaner and on enquiries being made, it was found by the Railway authorities that the wagon containing the goods had reached Agra en route Bikaner but at some point of time before it reached Agra, the labels attached to the wagon were either changed or removed and the entry in the vehicle summary guidance was also tampered with and changed to Ex-LAR indicating that the wagon was despatched from Lalitpur and its destination was Ludhiana. The result was that wagon, instead of going to Bikaner, was carried to Ludhiana and it reached there on 1st August, 1964.

4. The prosecution case was that round this time, one person styling himself as Umedi Lal, resident of Agra, approached a firm called M/s. Jindal Khemka & Co. which was carrying on business as dealers in iron sheets in Ludhiana. Umedi Lal produced a Railway Receipt Ex. PW 10/A before Joginder Lal and Ram Nath, partners of this firm and offered to sell the goods covered by this Railway Receipt to M/s. Jindal Khemka & Co. This Railway Receipt was a forged document written out on a blank form stolen from the Railway Receipt Book maintained at a railway station called Sanmore. Joginder Lal went to Ludhiana Railway Station with this Railway Receipt on 2nd August, 1964 for taking delivery of the goods and presented the Railway Receipt to Teja Singh Sodhi, who was the Goods Clerk on duty at the goods-shed. Teja Singh entertained some doubt about the genuineness of the Railway Receipt and he told Joginder Lal that the Railway Receipt appeared to be defective. In view of this, Joginder Lal, according to the prosecution, returned the Railway Receipt to Umedi Lal on the following day when he came to enquire about the receipt of the goods. Umedi Lal then went to the railway station accompanied by one Bhoja Ram, who was a Washing Shop dealer in Ludhiana, and presented the Railway Receipt to Teja Singh Sodhi for taking delivery of the goods. Curiously enough, though only a day before, Teja Singh Sodhi had entertained doubt about the genuineness of the Railway Receipt, his doubts suddenly seemed to have vanished and he delivered the consignment of 354 black iron sheets which had come in wagon No. SEKG 40765 to Umed Lal. It does not appear from the record as to where this consignment of 354 black iron sheets was kept by Umedi Lal, but out of it, 200/250 iron sheets were taken to the premises of M/s. Jindal Khemka & Co. for sale on commission basis. Joginder Lal and Ram Nath were, however, according to the prosecution, advised by some broker that since iron sheets were controlled items, they should insist on production of a bill showing purchase of these iron sheets by Umedi Lal. Joginder Lal and Ram Nath according