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1928 Supreme(Mad) 470

WALLER, JACKSON
In Re: T. R. Sriramalu Naidu And – Appellant
Versus
Unknown – Respondent


JUDGMENT

1. The 1st petitioner has been convicted under Section 467, Indian Penal Code, of forgery. The 2nd petitioner has been convicted of abetment of forgery and of having used the forged document as genuine. The first objection taken is that they should not have been tried together. It is not, in our opinion, sustainable. The offences were parts of one and the same transaction and the 1st petitioner assisted the 2nd at both stages. The 2nd objection is that the 2nd petitioner should not have been convicted of abetment, no separate charge of abetment having been framed against him. We see no reason to enter on a discussion of this somewhat vexed question, for the objection is entirely academic. The Assistant Sessions Judge, though he convicted the petitioner of abetment of the forgery, passed sentence on him only for using the forged document as genuine; so that, even if we upheld the objection, the result, as far as the petitioner is concerned, would be exactly nothing. The Assistant Sessions Judge in following the course he did relied on a ruling from Allahabad: Queen-Empress v. Umrao Lal 23 A. 84 : A.W.N. (1900) 205.

2. "Aikman, J. thought that the words "as if he had forged su

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