- (1.) Shiv Prasad Chunilal Jain, appellant in Criminal Appeal No. 150 of 1961 was No. 3, and Pyarelal Ishwardas Kapoor, appellant in Criminal Appeal No.185 of 1961 was accused No. 2, at the Sessions Trial before the Additional Sessions Judge, Greater Bombay. Along with them was a third accused, Rameshwarnath Brijmohan Shukla who was accused No. 1 at the trial.
(2.) As the two appeals arise from a common judgment, we would dispose of them by one judgment. The appellants would be referred to as accused No. 3 and accused No. 2 respectively.
(3.) The facts leading to the conviction of the appellants are that a large quantity of iron angles was consigned early in February 1959 from Gobind Garh to Raypuram under Railway Receipt No. 597481. They were despatched in an open wagon bearing E. R. No. 69667. The labels of the wagon were changed at Itarsi railway station and it was diverted to Wadi Bunder under a label showing that the iron angles had been despatched from Baran to Wadi Bunder under Railway Receipt No. 43352 dated February 6, 1959. This wagon reached Wadi Bunder on February 16, 1959. On February 17 it was unloaded by Baburao Gawade, P.W. 1 and Shridhar, P. W. 14. On February 18, accused No. 1 obtained the delivery sheet of the bill and signed it in the name of Shri Datta. He also obtained delivery of the iron angles from the railway and signed the Railway Delivery Book in the name of Shri Datta. The railway authorities delivered these on the presentation of the forged receipt No. 43352 and on payment of the charges amounting to Rs. 1,500/-.;