Kuber Nath Srivastava, J. - (1.) This is an appeal against the judgment and order passed by Sri B.D. Gupta, Assistant Sessions Judge, Jhansi, convicting Govind Prasad appellant u/S. 466 IPC and sentencing him to five years' R.I. Chaman Lal appellant was convicted u/S. 466 IPC read with S. 109 IPC & S. 474 IPC. He was sentenced to two and half years' R.I. under each of the two counts. The sentences of Chaman Lal were ordered to run concurrently. The facts giving rise to this appeal are as follows: Govind Prasad appellant is resident of Jhansi. Chaman Lal appellant was resident of Gwalior, Chamanlal was the Manager of Laxmi Hotel. Certain students lived in this hotel. B. Jones was also residing at Gwalior and was a student of the Science College, Gwalior. He was a friend of one Madan Mohan Rao. Madan Mohan Rao had friendship with one Kukadia. Madan Mohan Rao and Kukadia resided in Laxmi Hotel, Gwalior of which Chaman Lal was the Manager. B. Jones used to visit Madan Mohan at Laxmi Hotel. There he came into contact with Kukadia and Chaman Lal appellant. One Damodar was also a friend of B. Jones. This Damodar was a relation of Govind Prasad appellant. Kukadia had appeared in the examination and had no hope of his success. Sometime in April 1963, B. Jones, Kukadia and Damodar met at the hotel. Kukadia told Jonas and Damodar that he had serious doubt about his success at the examination. Damodar then told Kukadia that Govind Prasad who was his relation would give him a false certificate of having passed the Intermediate Examination. A few days late. Kukadia approached B. Jones who accompanied him to Jhansi to get a forged certificate from Govind Prasad. Damodar had given the address of Govind Prasad to Kukadia. Sometime in May 1963, Kukadia and Jones went to Jhansi. They met Govind Prasad and Govind Prasad handed over forged certificates to Kukadia on payment of Rs. 200/ -. Thereafter, Govind Prasad came to Gwalior and stayed in Laxmi Hotel for three or four days. Jones used to meet him there. After Govind Prasad left Gwalior, Chaman Lal told Jones that he would get a better job at Delhi in case he managed to get a forged certificate of his having passed the High School Examination. Jones took Chaman Lal to Jhansi where they met Govind Prasad. Govind Prasad agreed to give the High School Certificate, Character Certificate and Examination Certificate to Chaman Lal about his having passed the High School Examination on payment of Rs. 100/ -. Govind Prasad handed over these three certificates to Chaman Lal and Chamanlal paid Rs. 40/ - as part payment. Thereafter, Jones wrote a letter to Govind Prasad to prepare forged certificates for certain other persons also. Later on Chamanlal detected that the serial numbers and the seals on the copies of the certificates which had been handed over to him by Govind Prasad did not tally. He approached Jones and requested him to get the above defect removed by Govind Prasad. Jones told Chamanlal that he had been selected in the Air Force and was going to Coimbatore and therefore Chamanlal should accompany him to Jhansi and get the necessary corrections made in the certificate. On 9 -9 -1963, Jones and Chamanlal started for Jhansi by the G.T. Express. At Jhansi, Govind Prasad met them at the platform as pre -arranged. Chamanlal paid Rs. 60/ - to Govind Prasad and asked him to remove the defects in the certificates handed over to him. While Govind Prasad, Chamanlal and Jones were talking at the station, SI Chhatrapal Singh along with certain other policemen and outsiders reached there. Chhatrapal Singh had received information through informer about the presence of the appellants and Jones at the station and the purpose of their meeting. Chhatrapal Singh arrested the appellants and Jones.
(2.) From the possession of Govind Prasad, Rs. 60/ - cash, a cycle token, the developed Ex. 3 and the letter Ex. 11 were discovered. From the possession of Jones, Rs. 47/ - cash, a Third Class ticket from Gwalior to Coimbatore, a reservation receipt, two photographs, a wrist watch and a mark -sheet were recovered. From the possession of Chamanlal, Rs. 40/ - in cash, a Second Class ticket from Gwalior to Jhansi, the certificate Ex. 1 and the three copies of the certificates Exts. A, B and C were recovered. The recovery memos were prepared at the spot. The three persons were then taken to Thana where a report was lodged. S.I. Chhatrapal Singh started investigation and searched the house of Govind Prasad at Jhansi from where the two forged certificates were recovered. The house of Jones was also searched but nothing was recovered from his house. The investigation was then taken up by the CID Lucknow. The CID examined a number of witnesses and took the specimen signatures of Jones, P.L. Knox and some other persons. The certificates which were recovered from the possession of Chamanlal were said to have been issued under the signatures of Jones. The letter which was recovered from the possession of Govind Prasad were said to have been written by Jones. The Document Expert reported that the letter and the envelope were in the handwriting of Jones. He also gave the opinion that the forged certificates were not in the hand -writing of Sri P.L. Knox. Before the trial started, Jones was made an approver. After trial, the appellants were convicted and sentenced as stated above. Being dissatisfied, they have filed this appeal.
(3.) The appellants denied the charge and pleaded not guilty. They stated that the papers said to have been recovered from their possession were not actually recovered from them. According to the appellants, they were falsely implicated in this case.;