HARI SAO AND ANR. versus STATE OF BIHAR

HARI SAO AND ANR. versus STATE OF BIHAR

The false representation made by appellants in obtaining the railway receipt did not cast any additional liability on the railway, and therefore the issue of the receipt was not likely to cause damage or harm to the railway or Station Master. No case of cheating is made out under section 420 IPC.

Parties
Appellant: Hari Sao; Appellant: Hari Sao and another; Respondent: State of Bihar; Respondent: Union of India
Jurisdiction
India
Judgment Date
15 October 1969
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Patna High Court Judgment Dated July 4, 1966
Outcome
Appeal allowed; appellants acquitted.
Legal Topics
Cheating Under Section 420 IPC, Railway Receipt Liability, Railways Act Ss. 73, 74, Goods Tariff General Rules
Criminal Law Cheating Under Section 420 IPC Railway Receipt Liability Railways Act Ss. 73, 74 Goods Tariff General Rules

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Parties

Hari Sao

Appellant

Hari Sao and another

Appellant

State of Bihar

Respondent

Union of India

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Patna High Court Judgment Dated July 4, 1966

Legal Issues

  1. 1 Whether the false representation to the Station Master regarding goods consigned amounts to cheating under s. 420 IPC
  2. 2 Whether the issue of railway receipt with false particulars causes damage or harm to the railway or Station Master

Ratio Decidendi

The false representation made by appellants in obtaining the railway receipt did not cast any additional liability on the railway, and therefore the issue of the receipt was not likely to cause damage or harm to the railway or Station Master. No case of cheating is made out under section 420 IPC.

Court Disposition

Appeal allowed; appellants acquitted.

Orders

  • Appellants are directed to be set at liberty.
  • The fine, if paid, must be refunded.