Brodhurst, J.:— The Sessions Judge, differing from the assessors, as convicted Sheo Dayal alias Sur Dayal, under s. 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 [461] 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.”
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 s. 464 of the Penal Code, which shows that the “false document” referred to in s. 463 must, to constitute forgery, have been made “dishonestly or fraudulently.” “Dishonestly” and “fraudulently” are defined in 38, 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.
Convictions set aside.