Criminal - Conviction - Challenge thereto - Sections 177 and 420 of Indian Penal Code, 1860 - Present appeal filed against order whereby Appellant was convicted for offences of cheating and furnishing false information - Whether conviction and sentence of Appellant under Sections 420 and 177 of Code was sustainable - Held, Appellant being Sarpanch of Gram Panchayat issued false certificate in favour of Co-Accused that he did not own any land except land which he made fit for cultivation - Appellant furnished information which he knew to be false - Therefore, ingredients of Section 177 of Code were proved - However, there was no evidence to show that there was such fraudulent dishonest intention on part of Appellant in issuing certificate - Issuance of false certificate could not be said to be with dishonest intention to make wrongful gain for himself - Therefore, conviction of Appellant under Section 420 of Code could not be sustained and same was set aside - Appeal disposed of.
SUPREME COURT OF INDIA
(T.S. THAKUR AND R. BANUMATHI, JJ.)
BISHAN DAS
VERSUS
STATE OF PUNJAB AND ANR.
Respondents
Criminal Appeal No. 1837 of 2014 (Arising out of S.L.P. (Crl.) No. 2331/2014)-Decided on 26-8-2014.
Citation;2015CriLJ281, 2014(4)Crimes181(SC),2015 ALLSCR861
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