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1957 Supreme(All) 194

R.K.CHAUDHARY
KAMESHWAR – Appellant
Versus
STATE – Respondent


Advocates Appeared:
K.K.BAJPAI, YASODA NANDAN

R. K. CHOWDHRY, J.


( 1 ) THIS is an application in revision by Kameshwar and Murli, who were the two accused in sessions Trial No. 109 of 1956 before a learned Assistant Sessions Judge of Kanpur. They along with one Ram Ratan are alleged to have entered into a criminal conspiracy to cheat and to have succeeded in doing so by selling forged railway receipts to a number of shop-keepers of Kanpur in the month of August 1955. It was alleged that five such sales were effected. Charges for offences under Sections 420, 467 and 468 I P C. were framed against them in respect of each of the five sales, and there was a common charge of criminal conspiracy under S 120b in respect of all the said offences. Ram Ratan was absconding so that these charges were framed only against Kameshwar and Murli, and as the Magistrate who enquired into these offences was of the view that he could not adequately punish them he made an order committing the accused for trial by the court of session. The trial came up before an Assistant Sessions Judge of Kanpur, and on an application made in that behalf by the prosecution, the learned Assistant Sessions Judge by his order dated 7-1-1957 split up the case into six










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