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Queen-empress Vs. Sheo Dayal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad High Court
Decided On
Judge
Reported in(1885)ILR7All459
AppellantQueen-empress
RespondentSheo Dayal
Excerpt:
act xlv of 1860 (penal code), sections 24, 25, 471 - fraudulently using as genuine a forged document--'dishonestly' 'fraudulently.' - .....from the assessors, has convicted she dayal alias sur dayal, under section 471 of the indian penal code and has sentenced him to two years' rigorous imprisonment. in the appeal it is pointed out that the judge has in his judgment recorded that the receipts 'have been fabricated, it may be granted, in lieu of genuine receipts which have been lost,' and that the accused 'has to all appearance been cruelly injured, and that he has met the violence and perjury of faiz ali and ramdaur singh by concocting new receipts to supply the want caused by his losing his genuine ones.'2. the judge has observed: 'it amounts to forgery if the false document be made with intent to support any claim or title. even if a man has a legal claim or title to property, he will be guilty of forgery if he.....
Judgment:

Brodhurst, J.

1. The Sessions Judge, differing from the assessors, has convicted She Dayal alias Sur Dayal, under Section 471 of the Indian Penal Code and has sentenced him to two years' rigorous imprisonment. In the appeal it is pointed out that the Judge has in his judgment recorded that the receipts 'have been fabricated, it may be granted, in lieu of genuine receipts which have been lost,' and that the accused 'has to all appearance been cruelly injured, and that he has met the violence and perjury of Faiz Ali and Ramdaur Singh by concocting new receipts to supply the want caused by his losing his genuine ones.'

2. The Judge has observed: 'It amounts to forgery if the false document be made with intent to support any claim or title. Even if a man has a legal claim or title to property, he will be guilty of forgery if he counterfeits documents in order to support it.' The Judge, apparently, has overlooked Section 464 of the Penal Code, which shows that the 'false document' referred to in Section 463 must, to constitute forgery, have been made 'dishonestly or fraudulently.' 'Dishonestly' and 'fraudulently' are denned in Sections 24 and 25 of the Penal Code respectively, and, with reference to those definitions, the accused, on the findings of the Judge, as contained in the extracts above given, did not commit the offence of which he has been convicted. The conviction and sentence are therefore annulled, and the prisoner-appellant will be immediately released.


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