# [1963] Supp. 2 S.C.R. 338 - **Citation:** [1963] Supp. 2 S.C.R. 338 - **Court:** Supreme Court of India - **Decided:** 1963 - **Bench:** K. SUBBA RAo, Raobujiab Dayal - **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/1963-supp-2-s-c-r-338-2774 - **Pages:** 14 ## Headnote Crifltilllll lriai-' 11 .. ,., d\alitld oJJ-', Jt-"119 ofO""'fli-.-Covrl trgit1g oJfmce of coupiracy .,,.,. try all oJ/_, C0111mit"-<1 ;,. JllW,.,....., of coupiraey-Iflllian Penal rCllion "every ollCnce" or "each oft'ence" and that oft'enccs would be distinct if they .be not in any way inter-related. c.r.,,,_ v. fie &ala, A. I. lL 1954 All. 795, approved. Htld, further that a single charge for the oft"ence of cheat· ing in punuance of conspiracy did not contravene the provisions of 1. 233 of the Code of .Criminal Procedure. The conspiracy <:11~ into by the appellants was not for obtaining diverse amounts by cheating but to ·obtain the . entire C911tract money by clieating. - The -o&ncc of cheating contemplated by· the conspiraton was one otrence of obtaining, by cheating, the full amount due under the 00ntract for the material supplied. While the obtaining of money by cheating on the ix-Dtation of an. individual bill · did Coiistitnte the odmce of <:heating, the obtaining-of the entire money In pursuance of the terms of the single cl>ntrilci and the single compiracy entered Into also 1911 "-' lAI Jlnmjlw•UJO/a •• UolM of lollo 1962 Batflll4ri Lal Jlwnjlw•wala •• Union oj lttdia 340 SUPREME COURT REPORTS (1963] SUPP. constituted.'he offence of cheating. When the accused could not be punished for more than one such offence, it could not be the intention of law that he be charged with each of the offences which were iu a way included in the complete offence made up by the entire course of conduct of the accused in pursuance of the conspiracy. Bhagat Singh v. The State, [1952] 2 S. C.R. 371, referred to. Empress v. Raghu Rai, (1881) A.W.N. 154, Pooni! Singh v. Madho Bhot, (1886) 1.L.R. 13 Cal. 270,Joan Suhrna v. The King Emperor, (1905) 10 C. W. N. 320 and Promotha Nath Rayv. King Emperor, (1912) 17C. W. N 478, approved. Both the ## Text IHI BirirCllion "every ollCnce" or "each oft'ence" and that oft'enccs would be distinct if they .be not in any way inter-related. c.r.,,,_ v. fie &ala, A. I. lL 1954 All. 795, approved. Htld, further that a single charge for the oft"ence of cheat· ing in punuance of conspiracy did not contravene the provisions of 1. 233 of the Code of .Criminal Procedure. The conspiracy <:11~ into by the appellants was not for obtaining diverse amounts by cheating but to ·obtain the . entire C911tract money by clieating. - The -o&ncc of cheating contemplated by· the conspiraton was one otrence of obtaining, by cheating, the full amount due under the 00ntract for the material supplied. While the obtaining of money by cheating on the ix-Dtation of an. individual bill · did Coiistitnte the odmce of <:heating, the obtaining-of the entire money In pursuance of the terms of the single cl>ntrilci and the single compiracy entered Into also 1911 "-' lAI Jlnmjlw•UJO/a •• UolM of lollo 1962 Batflll4ri Lal Jlwnjlw•wala •• Union oj lttdia 340 SUPREME COURT REPORTS (1963] SUPP. constituted.'he offence of cheating. When the accused could not be punished for more than one such offence, it could not be the intention of law that he be charged with each of the offences which were iu a way included in the complete offence made up by the entire course of conduct of the accused in pursuance of the conspiracy. Bhagat Singh v. The State, [1952] 2 S. C.R. 371, referred to. Empress v. Raghu Rai, (1881) A.W.N. 154, Pooni! Singh v. Madho Bhot, (1886) 1.L.R. 13 Cal. 270,Joan Suhrna v. The King Emperor, (1905) 10 C. W. N. 320 and Promotha Nath Rayv. King Emperor, (1912) 17C. W. N 478, approved. Both the partners conspired to cheat the Government. The bills were presumably presented on behalf of the firm, and, therefore, both the partners were responsihle for obtaining the money on the presentation of· the bills. Hence, both of them were rightly charl(ed. A court trying an accused for an offence of conspiracy is ron1pctent to try hi!n for all off~nces committed in pursuance of that conspiracy irrespective of the fact that any or all the other off<::nces were con1mitted within its territorial Jurisdiction. The charge framed by the Special Judge was approved. Pumshottam D1~ Dalm;a v The Stat. of West Bengal, [1962] 2 S. C R. IOI and L. N. Mukherjee v. The State of Madras, [1962] 2 S. C.R. 116, followed. Ca1MINAL APPELLATE JURISDICTION : Criminal Appeals Nos. 113, 114 and 190 of 61. Appeals by special leave from the judgment and order dated June 16. 1961, of the Bombay High Court in Criminal Revision Applications Nos. 305 and 345 of 1961. J. O. Bhatt, J. B. Dadachanji, 0. 0. Mathur and Ravinder Narain, fir the appellants (in Cr. A. No. 113/61) and respondents Nos. 1 to 4 (in Cr. A. No. 190of1961). K. R. Ohauilhuri. for the appellant (in Cr. A. No. 114/61) and respondent No. 5 (in Cr. A. No. 190 /61). ' ' 2 S.C.R. SUPREME COURT REPORTS 341 H. R. Khanna and R.H. Dhebar, for the res· pondents (Cr. A. Nos. 113 and 114/61) and appellant (in Cr. A. No. 190/61). 1962. November 21. The Judgment of the Court was delivered by RAGHUBAR DAYAL, J.-These three appeals, by special leave, arise out of a criminal case pending in the Court of the Special Judge, Poona, against the appellants in Criminal Appeals Nos. 113 and 114. Banwari Lal Jhunjhunwala and Champalal Jhunjhunwala, appelfants Nos. l and 2 in Criminal Appeal No. 113 of 1961, are partners in a Firm named Shreeram Ramniranjan. The other two appellants, I. R. Oza and Gajraj Tiwari are the employees of the firm. V. A. Thomson, appellant in Criminal Appeal 114 of 1961, was Assistant Works Manager (Timber Inspection), Central Railways, Matunga, Bombay, at the relevant time. The aforesaid firm entered into a contract with the Director General of Supplies and Disposals, New Delhi, in 1955, for the supply of 1306.5 tons of bottom boards for railway wagons of certain specified varieties of hard wood, to the Central Railway Administration. The total cost for the entire supply was Rs. 3,99,556-8-0. The wood was to be supplied at three places in different quantities. 630 tons were to be consigned to the District Controller of Stores, C. W. E., Matunga, Bombay, 26! tons were to be supplied to the Assistant Controller of Stores, Lallaguda and 650 tons were to be supplied to the Assistant Controller of stores, Jhansi. Prior to . the supply, the wood was to be inspected by the Chief Engineer (Sleeper Passing Branch), Southern Railway, Madras, or an officer acting for him, andthe places of inspection were Kallayi, Mangalore and Vallapatnam. The first and the last of the places 19d2 Bawari Loi Jh1n1jhunwa/4 ... UniM of Indio 1962 8-ariLal Jm..;m. .... 1. Y. Union of India &,lw•• D.,.Z, I. 342 SUPREME COURT REPORTS [1963) SUPP. were in the Kerala State. The payments were to be made by the Pay and Accounts Officer, Ministry of Works, Housing and Supply, New Delhi. The procedure to be followed in obtaining the payment was as follows. Immediately after despatch, the Contractor could submit his bill and claim 90% of the price. Along with the bill he had to attach the first copy of the inspection note. The balance, viz., 10% of the price, was paid later when two further copies of the mspection note and certain other documents had to be submitted. Subsequent to the acceptance of the tender, the District Controller of Stores, Central Railways, C. W. E. Depot, Matunga, was also added as the Inspection Authority and Inspection Officer, for the wood to be supplied to D. C. O. S. Matunga. Still later, the Chief Mechanical Engineer, Central Railways, Bombay, was made the Inspection Authority and the Assistant Works Manager, Timber Inspection, C. W. E. Central Railways, Matunga, Bombay, was named as the Inspecting Officer. The places of Inspection were also changed to Bombay, Calicut and Baliapatam. The period of contract was also extended and the total cost of wood to be supplied was Rs. 4,08, 741/-. The prosecution allegation is that the wood actually supplied was of inferior quality, that Thomson and other officers issued false inspection notes certifying the quality of the wood to be per specification and on the basis of these false inspection notes the aforesaid Firm received payment of Rs. 3,77,771/- from the Pay and Accounts Officer in the Ministry of Works, Housing and Supply, Government of India. The case against the accused appellants was first sent up to the Court of the Special Judge in ' 2 S.C.R. SUPREME COURT REPORTS 343 Kerala. He framed six charges against the accused. Charge No. I was framed against all the accused and was for an offertce under s. 120-B I. P. C. Charge No. 2 was against the two partners of the Firm for an offence under s. 420 I. l'. C. Charges Nos. 3 and 4 were against the two emeloyee-appellants, for an offence under s. 420 read withs. 109 I. P. C. Charge No. 5 for a similar offence was against Thomson. Charge No. 6 was against Thomson for an offence under s. 5( 1 }( d) read with s. 5( 2) of the Prevention of Corruption Act. The second charge for the offence under s. 420 I. P. C. was with respect to the Firm obtaining Rs. 1,41,309/- for the supply of 521 tons of timber. Charge No.•6 stated that Thomson abused his position as -a public servant and obtained for the partner-appellants, on behalf of the Firm, pecuniary advantage. This Court transferred the case from the Court of the Special Judge, Kerala, to the Court of the ::lpecialJudge, Poona. The SpecialJudge, Poona, amended the chargC!I and also added a 7th charge against the four appellants connected with the firm. for abetting Thomson in his committing the offence under s. 5(l}(d) read with, s. 5(2) of the Prevention of the Corruption Act. Charge No. 2 was amended to the effect that the amended charge referred to the supply of the entire quantity of wood, i.e. 1306! tons of wood and to the i:eceipt of Rs. 3, 77, 771/-. Charge No. 6 was amended, inter alia, to the effect that Thomson, by abusing his position as public servant obtained advantage for himself from the partners of the firm. The accused-appellants went in revision to the High Court of Bombay and questioned the legality or propriety of the various charges. The High Court ordered certain minor modifications in the charges, with which we are not concerned and restricted charge No. 2 to the supply of 521 tons of wood and to the receipt of Rs. 1,41,309/- in accordance with the charge originally framed by the 1962 S.wari Lill J~"1ijh .. WtJJa y, Union •f luill RA1hu6a1 V.:fGI, J 1962 a .. .,.,; c..1 Jhajh .. U1ala v. Union of lndU. R•ghubor Do>0l, I, 344 SUPREME COURT REPORTS [1963] SUPP. Special Judge, Kerala, as the Kerala Court did not have jurisdiction to try the offence committed in res· pect of the supply of wood to places outside its jurisdiction. The Union of India has filed Criminal Appeal No. 190 of 1961 against the High Court's order restricting the charge No. 2 to the supply of 521 tons of wood and to the receipt of Rs. 1,41,309/- odd. The relevant part of the main charge of conspiracy against all tl:ie accused may now be quoted: "That you all between July 1955 and September J956 at Bombay Baliapatam, Kannanore, Calicut, Ferok, Kallayi ............. .. entered into conspiracy, by agreeing among yourselves ... .. . to commit illegal acts and/or acts by illegal means, to wit, to supply in fulfilment of the contract ..... .'bottom boards' in inferior jungle wood and not in the species of Aine, Kalpine and Haldu, as agreed to supply as per con tract and tender, referred to above, to have the said bottom boards fraudulently passed by accused No. 5, by abusing his position as public servant by corrupt and illegal means to get false inspection notes and certificates from accused No. 5 and others to the effect that the bottom boards were of the species of Aine, Kalpine and Haldu as per species and specifications detailed in the said contract, when to your knowledge they were not, but were of inferior jungle wood and which inspection notes and certificates were issued by accused No. 5 by abusing his position as public servant by corrupt and illegal means to obtain pecuniary advantage for himself and for others i.e., accused Nos. I and 2; to induce the Assistant Pay and Accounts Offo;:er in the Ministry of Works, Housing and Supply ........ . to part with a sum of Rs. 3, 77, 771/- as value 2 S.C.R. SUPREME COURT REPORTS 345 thereof, by claiming in bills, supported with inspection notes ......... which acts amount to 'offence punishable under ss. 420/109 of the Indian Penal Code and section 5(2) of the Prevention of Corruption Act, 1947, and thereby committed an offence punishable under s. 120-B of the Indian Penal Code ...... " It is contended for the appellants in appeal No. 113 of 1961 that the obtaining of money by submitting each separate bill amounted to one distinct offence for which a separate charge should have been framed in view of s. 233 of the Code of Criminal Procedure and that the charge as framed is a combination of a number of charges with respect to several offences of cheating committed by . obtaining money on the presentation of eighteen or nineteen bills and was therefore against the provisions of s. 233 of the Code. It is also contended that the charge for cheating should have been framed against that particular accused who had su&mitted the bill and obtained money. The High Court considered these objections and held that a schedule giving the details of each item of cheating would sufficiently meet the requirements of law and that . the bills were presumably signed by the Firm ·just as the forwarding letters were and that therefore both the partners could be properly charged for the offence of cheating. The cheating was in pursuance of the cons· piracy entered into between the various ac~used. The salient. features of the conspiracy were that in pursuance of the coutract for the supply of 1360! tons of specified wood, inferior wood be supplied and that for the success of the scheme false inspection cenificates be obtained from the Inspecting Officers and that such false inspection notes should accompany the bills purponing to be for the supply of wood per specifications. The object of the conspiracy was to obtain the full contract price from the Government 1961 Bawa; Lal Jfuaj/nmUJ0/4 v. u.u. of l•dia Raghubar D.,.1, J. 1962 - Bawari/Al Jh"'limmw• v. Unin of lteiia 346 SUPREME COURT REPORTS [1963] SUPP. on supplying material infenor in quality from that undertaken to be supplied under he contract. N aturally, the entire supply could not be made at the same time even if it was to be made at one place. Actually the supply was to be made at three places. The . wood inspected at a particular place of inspection could be distributed to the various places of supply. The bills could be for the supply made at the particular time by the Firm to one place alone or to places more than one. It is therefore obvious that the conspiracy entered into by the appellants was not for obtaining diverse amounts by cheating but to obtain the entire contract money by cheating. This circumstance justifies the conclusion that the offence of cheating contemplated by the conspirators was one offence and that was of obtaining, by cheating, the full amount due under the contract for the material supplied. . The charge framed for the offence under s. 420 does not contravenes. 233 of the Code. There is another way of looking at the same question. The obtaining of money for each bill supported by false inspection note, amounted to the offence of cheating in pursuance of the conspiracy. All such individual offences on the basis of the various bills, were of the same kind as the single offence of obtaining the total amount as a result of the presentation of the various bills and, in view of s. 71. I. P. C., the accused could not be punished for more than one of such offences it being provided that 'where anything which is an offence is made up of parts any of which is itself an offence, the offender shall not be punished for more than one such offence unless it be so expressly provided'. Illustration (a) explains this provision and is : "A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and fr I 2 S.C.R. SUPREME COURT REPORTS 347 also by each of the blows which make up the whole beating. · If A were liable to punishment for every blow, he might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating" It is to be noted that the whole beating is considered to constitute one offeoce while each of the blows also amounted to the offence of voluntarily ca1L~ing hurt. It can be said, therefore, that while the obtaining of money by cheating on the presentation of an individual bill did constitute the offence of cheating, the obtafuing ofthe entire money in pursu· ance of the terms of th~ single contract and the single conspiracy entered ,into .also constituted the offence of cheating. When the 'accused could not be punished with the punishment for more than one such offence, it cannot be the intention of law that the accused be charged with each of the offences which were in a way included in the complete offence made up by .the entire course of conduct of the accused in pursuance of the conspiracy. Section 233 Cr. P,C. reads : "For every distinct offence of which any person is accused there shall .be a separate charge, and every sucli charge shall be tried separately, except in the cases mentioned in sections 234, 235, 236, and 239." The expression 'every distinct offence' must have a different content from t'.he expression 'every offence' or 'each offence'. A separate charge is required for every distinct offence and not necessarily for each separate offence. The