Judgment

KHANNA, J. :- Three brothers Pareed Pillai, Kadar Pillai and Mohammed Pillai, partners of A. Pareed Pillai and Bros., Alwave as well as K. M. Kurien Assistant Goods Clerk in the Southern Railway at Alwave were tried in the Court of Special Judge. Trichur for an offence under Section 120-B Indian Penal Code on the following charge :

"That you (1) Sri A. Pareed Pillai, (2) Sri A. Kader Pillai (3) Sri A. Mohammed Pillai and (4) Sri K. M. Kurien accused 1 to 4 between December 1962 or earlier and June 1963, at Alwaye agreed to do an illegal act or acts, to wit. accused Nos. 1 and 2 to present forwarding notes in respect of coconut oil tins to be booked without actually tendering tins with coconut oil, but only some empty tins, accused No. 4 to issue railway receipts in respect of such forwarding notes and accused No. 1 to present the railway receipts in support of hundies drawn on others in the Federal Bank Ltd. Alwaye and obtain value of the hundies and accused No. 3 to get empty tins transported and stored at the Alwaye Railway Station. The said acts were done in pursuance of the agreement between you. These acts constitute offences punishable under Section 5 (2) of Act II of