JUDGMENT

Norman, J. - The prisoner, Luthi Bewa, has been convicted, u/s 419 of the Indian Penal Code, of the offence of cheating by false personation, and sentenced to one year's rigorous imprisonment; and the prisoners, Anand Mohan and Becharam, have been convicted of abetting the offence, and sentenced to eighteen months' rigorous imprisonment. On the application of the vakeel for the prisoners, the record of the case was sent for u/s 404 of the Criminal Procedure Code. The prisoners were tried by the Joint Magistrate of Dacca, and the conviction of the Joint Magistrate was upheld on appeal by the Judge. We, therefore, taking up the case as a Court of revision must take the facts as found by the Lower Court.

2. It appears that one Kumari, having agreed to sell a small piece of land, started with three persons in a boat for Dacca for the purpose of registering the deed of conveyance. According to the finding of the Lower Courts, on arriving at Dacca, Kumari was too ill to leave the boat; and Luthi, who accompanied her to Dacca in the boat, went with the other two prisoners to the office of the Registrar, and there personated her, and had the deed registered in her name.

3. We think t