Boys and Niamat-ullah, JJ.:— Nawal Behari Lal was put on trial upon charges under sections 193, 471 and 467/109 of the Indian Penal Code. The jury convicted him under section 193 of the Indian Penal Code, but acquitted him by a majority of three to two on the other two charges. The learned Judge proceeded to accept the finding of guilty as regards section 193 and to convict and sentence him to five years' rigorous imprisonment and a fine of Rs. 100. Disagreeing with the jury's verdict on the other two charges lie has referred the, matter to this Court under section 3077 In the first place we must point out an error into which the learned Judge has fallen. When he refers a case by virtue of the powers given by section 307 of the Code of Criminal Procedure he must refer the whole of the case against the particular accused, and not merely those charges on which there happens to be a finding with which he disagrees. In this particular case he should have referred the whole of the case against Nawal Behari Lal instead of merely referring the case so far as the charges under sections 471 and 467/109 are concerned, and he should not have proceeded to a conviction and sentence upon the charge under section 193 of the Indian Penal Code. Holding as we do this view we shall have, after dealing with the rest of the case, to set aside the conviction and sentence under section 193 and pass an appropriate order ourselves.
The facts against Nawal Behari Lal are very clear.
[The judgment then discussed the facts in detail and concluded as follows.]
We entirely agree with the order referring the case to this Court, which we might amplify but which it is not necessary to amplify, that the verdict of the jury in, reference to the charges under sections 467/109 and 471 was ludicrous, if not actually perverse. We have not the shadow of a doubt that Nawal Behari deliberately got the document fabricated and that he used it knowing, of course, that it was fabricated.
We set aside the conviction and sentence under section 193 arrived at and passed by the Sessions Judge, and for it we substitute a conviction by this Court under section 193, I.P.C, and further convict Nawal Behari Lal under section 467/109 and section 471, I.P.C We sentence Nawal Behari Lal to five (5) years' rigorous imprisonment under each of the sections 193, 471 and 467/109, the sentences to run concurrently; and we further sentence him to a fine of Rs. 100 under section 467/109. In default of payment of the fine a further three months' rigorous imprisonment will be undergone.