Sharma, J. - (1.) These are two connected appeals by the State against the orders of acquittal in sessions trials Nos. 6 and 6-A of 1959 by the learned Assistant Sessions Judge, Agra.
(2.) The Committing Magistrate had made one order of commitment in respect of the offences under Sections 420 and 468, I. P. C. In the court of session the case was divided into two trials: S. T. No. 6 of 1959 relating to the offences under Section 420 and S. T. No. 6-A of 1959 relating to the offences under Section 468, I. P. C. Almost the same documents had been exhibited in the two trials. Reference in the judgment will be made to the exhibit marks of S. T. No. 6-A of 1959.
(3.) The respondent Joti Prasad, a resident of Mala Bhairon, P.S. Chatta, Agra, had been running two institutions, known as (1) Nikhil Bharat Varsha Vidwat Parishad Vidyapith, and (2) National Medical College. The object of the two institutions as mentioned in the Niamavali Ex. Ka-83 was to work for the progress and spread of study of Sanskrit and Hindi literature and Ayurveda etc. and to conduct oral and written tests of students in Sanskrit and Hindi literature, Ayurveda, Homoeopathy, Music and Unani medicines by well-known learned persons of the State Universities and to award suitable certificates and diplomas. Rule 24 of the Niamavali says: "In special cases (which shall mostly depend on circumstances) honorary degrees may be conferred on experienced, learned and literary persons and those having knowledge of Ayurveda etc. For obtaining such honorary degrees, an applicant shall have to (a) furnish certificates showing his qualifications from two respectable persons of his place (gazetted officers, principals, registered Vaidyas, or learned citizens); (b) give proof of their qualifications before the Superintendent of the nearest centre, if so required by the authorities of the Vidyapith. (c) Such applications shall be considered on receipt of the report of the Superintendent of the centre or the Examiner appointed by the Vidyapith. (d) If, due to any particular reason, the application is not granted even after that, the fee shall in every case be refunded." A number of persons received certificates of Vaidya Bhushan and in Homoeopathy known as H. L. M. S. The three such recipients of certificates were Radhey Lal, aged 24 years, Mahendra Pal, aged 23 years, and Ghanshyam Singh, aged 20 years, residents of village Mukhialt, district Muzaffarnagar. Radhey Lal was assigned roll No. 19 of the examination and received the certificate Ex. Ka-34 of Vaidya Bhushan of the year 1951 in a registered V.P.P. cover for Rs. 26/-. Mahendrapal was assigned roll No. 15A and received the certificate Ex. Ka-37 of Vaidya Bhushan of 1951 in the registered V.P.P. cover Ex. Ka-39 for Rs. 26/-, and Ghanshyam Singh was assigned roll No. 19 and received the certificate Ex, Ka-40 of the year 1954 in a registered V.P.P. Ex. Ka-41 for Rs. 26/-.;