ORDER

1. The petitioner Aswini Kumar Gupta was charged with having committed offences under Sub-section 419 and 468, I. P. C., and on conviction was sentenced by the learned 3rd Presidency Magistrate of Calcutta, to rigorous imprisonment for six months under each of the above provisions of the law: the sentences running concurrently. The charges against the petitioner were that he cheated the Registrar of the Calcutta University by pretending to be Samaresh Chandra Mukherjee, a candidate for B. A. examination for 1935, bearing Roll Call. No. 160, in the examination hall, and that he forged answer papers of the B. A. Economics, purporting to be answer papers by Samaresh Chandra Mukherjee, intending that they shall be used for the purpose of cheating as aforesaid. As has been indicated already, the conviction of the petitioner was under both the charges mentioned above. The Rule granted by this Court, on the application of the petitioner, was to show cause why the conviction and sentence passed on the petitioner should not be set aside on grounds Nos. 3, 4, 8, 17 and 22 mentioned in the application. The first of these grounds was that the facts and circumstances accepted by the trial