TMI Blog1973 (9) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... of ₹ 200 on each of the accused on the first charge and considered that no separate sentence was necessary in respect of the second, and the appeals filed by them in the High Court of Calcutta were summarily dismissed. The facts giving rise to these appeals are as follows : 2. Appellant Sudhir Kumar Mukherjee was an employee in charge of soda lime department of M/s. Gluconate Limited, Calcutta, and appellant Sham Lal Shaw was the supplier of lime stone to the said firm. It appears that four bags of lime stone were needed every day. The procedure in respect of the supply was that Shaw used to bring the bags to Sudhir and present a chalan to him. Thereupon Sudhir would send the chalan to P.W. 2, Ardendu Sekhar Goswami, who used to in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the prosecution was instituted and the conviction and sentence imposed as mentioned earlier. 3. Sudhir's contention was that he had been falsely implicated as he was the Assistant Secretary of the labour union. Shaw contended that about ₹ 3,000/- was due to him for the supply of lime stone, that he had made a demand for it, that PW 1 asked him to reduce the rate, that on 4-3-1968 Sudhir asked him to take back the goods as it was not required and he did so. 4. There is no doubt that the facts as narrated earlier have been amply proved by the evidence in this case. The question therefore is whether there was a conspiracy and whether there was an attempt at cheating or whether as contended on behalf of the appellants there was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by accused Sudhir at his own leisure. The most important step of getting PW 2's initials on the chalan has been carried out and thereafter it was only a matter between the two accused. In the circumstances the question is whether there has been an attempt to cheat or merely a preparation. 5. The dividing line between a preparation and an attempt is no doubt very thin, and though the principle involved is well established the difficulty arises in drawing the line in the particular circumstances of a case. The relevant portion of Section 511 is : Whoever attempts to commit an offence punishable by this Code... or to cause such an offence to be committed and in such attempt does any act towards the commission of the offence, shall, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pursuance of it towards the commission of the act attempted, does not cease to be a criminal attempt, in my opinion, because the person committing the offence does or may repent before the attempt is completed. 6. this Court cited with approval the statement of Blair, J. It seems to me that that Section (Section 511) uses the word 'attempt' in a very large sense; it seems to imply that such an attempt may be made up of a series of acts, and that any one of those acts done towards the commission of the offence, that is, conducive to its commission, is itself punishable, and though the act does not use the words, it can mean nothing but punishable as an attempt. It does not say that the last act which would form the final part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Thereafter it only remained for the appellant Sudhir to affix the stamp and put his signature. Accused Shaw could then have presented it to the company's office and received payment. This is a definite step towards the commission of the offence of cheating though it is not the penultimate step. We hold that the acts of the accused did not stop at the stage of preparation but had reached the stage of attempt. We, therefore, uphold the conviction of the appellants under Section 511 read with Section 420 I.P.C. The appeals are disposed of accordingly. 9. It is, however, stated that the appellants have already suffered the sentence imposed by the Presidency Magistrate and it is not necessary to say or do anything further about it. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
