DHINAKAR, J.

This Criminal R.P. is posted before this Bench for hearing on the orders of the Hon'ble The Chief Justice.

2. Petitioners are A1 and A2 and they were tried before the trial Court along with 2 others for charges under sections 471, 420, 467, 468, 120-B and 201 read with Section 34, IPC. While the trial court acquitted the other two accused (A3 and A4) it convicted the petitioners for the charges under sections 471, 420, 120-B and 201 read with Section 34, IPC and sentenced each of them to suffer rigorous imprisonment for a period of one year and 2 years for the offences under Sections 471 and 420, IPC respectively and 6 months each for the charge under sections 120-B and 201 read with Section 34, IPC with a direction that the sentences shall run concurrently. The petitioner were acquitted of the charges under sections 467 and 468, IPC. As stated earlier A3 and A4 were acquitted of all the charges framed against them. Aggrieved by the said order of conviction and sentence the petitioners preferred an appeal and the appellate court allowed the appeal in part by acquitting the petitioners for the charges under Sections 201 and 120-B read with Section 34, IPC and confirming the conviction and sentence imposed upon the petitioners for the charges under sections 471 and 420 read with Section 34, IPC. Hence this revision.

3. Brief facts, shorn of unnecessary details, necessary to dispose of this revision can he summarised as follows : The 1st petitioner is the son of petitioner No. 2 and petitioner No. 2 was running a nursing home at Ernakulam during the relevant period and the 4th accused in the case was an Asst. Registrar, Examination Wing, Kerala University. The 1st petitioner was a Pre-degree student during the academic years 1978-79 and 1979-80 in the Mar Ivanios College, Thiruvanathapuram, affiliated to the Kerala University. He appeared for the first year Pre-degree examination in April, 1979 and for second year Pre-degree examination in April/May, 1980 both with Register No. 152984. After the second year examination the 1st petitioner got a first class Pre-degree mark-list through the Mar Ivanios College with the following marks :

English : 204/300

Hindi : 109/150

Physics : 127/150

Chemistry : 131/150

Biology : 129/150

Grand total : 700/900

and the total for the optional subjects, viz. Physics, Chemistry and Biology is 387/450. The above mark-list issued by the Kerala University to the 1st petitioner through Mar Ivanios College, Thiruvananthapuram was received by both the petitioners with their acknowledgment in the mark-lists kept in the college. As both the petitioners were aware that the marks secured by the 1st petitioner were insufficient to get an admission in any medical college for the first year M.B.B.S. course in Kerala on merit they entered into a criminal conspiracy along with the 3rd and 4th accused on some day between 30-6-1980 and 10-10-1980 for forging a mark-list showing higher marks and pursuant to such conspiracy the 4th accused in the case procured a blank mark-list of Pre-degree examination and by fraudulent means and without the knowledge and authority of the Controller of Examinations (P.W. 1) got the impression of the facsimile signature of P.W. 1 and the University emblem seal affixed on the blank mark list form. The 4th accused wrote in his own handwriting falsely and fraudulently the following marks in the form as secured by the 1st petitioner in the Pre-degree final year examination :

English : 204/300

Hindi : 109/150

Physics : 142/150

Chemistry : 140/150

Biology: 138/150

Grand total : 733/900

showing a total of 420 marks out of 450 marks for the optional subjects, viz. Physics, Chemistry and Biology. It is also the case of the prosecution that the 4th accused in the case forged the initials of the concerned section assistant, who actually prepared the true mark list issued through Mar Ivanious College and received by the petitioners. The 4th accused also attested a true cop