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The jury returned a verdict of 'not guilty' with respect to charges Nos. 3 and 6 and also with respect to the charge of conspiracy under s. 120-B read with s. 466, Indian Penal Code. The jury returned a verdict of 'guilty' against the appellant on the charge of conspiracy under s. 120-B read with s. 471, Indian Penal Code and the other charges Nos. 4 and 7.

It is not disputed, and cannot be disputed, that forgeries were committed in the two documents Exts. 5 and 6. The following points were raised by learned counsel for the appellant:

The second contention for the appellant is really to the effect that the appellant was charged with two conspiracies in the alternative and that such a charge (1) (1938) L.R. 65 I.A. 158,175, 176.

is unwarranted by law. This, however, is not the correct interpretation of the charge of conspiracy framed against the appellant. The charge was one of conspiracy, it being a conspiracy to commit an offence punishable with rigorous imprisonment for two years or upwards. The particular offence to be committed was described in the alternative. One was to commit an offence of forgery and to use the forged document and the other was the offence of fraudulently or dishonestly using the licence containing the forged certificates and endorsements. The expression 'and/or' in the first charge simply meant that the offences they had conspired to commit consisted either of the offence to commit forgery and subsequently to use the forged document as genuine or the object was merely to use the licence with forged endorsements even though there was not any conspiracy to commit forgeries in the licences. In other words, the charge was that the appellant and Kalyanam entered into a conspiracy to commit offences punishable with rigorous imprisonment for two years or upwards and that the offences contemplated to include the offence of using the licence with forged endorsements and may also include the offence of forging the licence. Thus there was no case of two alternative conspiracies. The conspiracy was one and it being doubtful what the facts proved would establish about the nature of offences to be committed by the conspirators, the charge illustrated the offence in this form. In his charge to the jury the learned Judge said at page 14:

"In this case from the circumstances, it may not be very clear whether they actually made an agreement among themselves to do or cause to be done forgery of the document or whether they merely agreed to use it as a genuine document knowing that it was a forged document. Therefore, the charge is in the alternative that either they agreed among themselves to do or cause to be done the forgery of this document or rather, the forgery of the endorsements of confirmation or revalidation; or in the alternative, they agreed among themselves regarding user of such a forged document knowing that it is forged. So both and/or' is mentioned in the charge, either they agreed to commit forgery or they agreed to use it knowing it is forged or they agreed to do both, both to commit forgery and use it knowing it to be a forged document."

Such a charge is justified by the provisions of s. 236 of the Code. We are therefore of the opinion that the charge of conspiracy does not suffer from any illegality. We have carefully considered all that has been said in connection with the alleged misdirections in the charge to the jury and are of opinion that the charge does not suffer from this defect. The Judge has at places expressed in unequivocal language what appears to him to be the effect of certain pieces of evidence. But that, in our opinion, has not been in such a setting that it be held that the jury must have felt bound to find in accordance with that opinion. The Judge has, at various places, stated that the jury was not bound by his opinion, that it had to come to its own conclusion on questions of fact and that it was the function of the jury to decide all questions of fact. There is nothing wrong in telling the jury that even if the endorsements had been made by the proper departmental officer and they were ante-dated, forgery would have been committed. That is the correct proposition of law. The ante-dated document would be a false document. Knowledge of ante-dating the endorsements, naturally conveyed knowledge of the commission of forgery.