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TMI Blog1969 (10) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... th the appellants with having committed an offence punishable under Section 120-B read with Section 420 of the Indian Penal Code but they were acquitted. The appellants were also charged under Section 468 of the Indian Penal Code but they were acquitted of this. 2. The facts about which there can be no dispute are as follows. The appellant Shankar Sah met the Station Master of Sheonarayanpur Railway Station on May 11, 1960 and produced a forwarding note for booking a consignment of dry chillies to Calcutta. A wagon was allotted to him and stabled in the shed on May 12, 1960. On the day following both the appellants came to the Station Master and the necessary allotment entry was made in the forwarding note. The loading was done by the appellants without any help from any railway employee and the appellants wanted to be supplied with rivets after the wagon was loaded by them. Such supply being given by the Station Master they put the rivets on the wagon. A railway khalasi examined the rivets, sealed the wagon and fixed card labels on both sides of the wagon prepared by the Station Master. The railway receipt for the goods was made out by the Station Master to the effect that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r on the afternoon of 13th May 1960 . He further held that ...the representation made by the appellants to the Station Master (P.W. 39) both orally and in the forwarding note which they had presented to him was a false representation and on the strength of such false representation the appellants had induced the Station Master to make out for them the railway receipt in respect of 251 bags of dry chillies. It is manifest that a valuable security such as a railway receipt is, in respect of 251 bags of chillies had been delivered to the appellants by the Station Master on the basis of the false representation which they had made to him both orally and in the forwarding note. The learned Judge therefore held that the appellants had committed the offence of cheating acting together in pursuance of their common intention. 5. It had been urged that the appellants were not guilty of cheating in as much as the Station Master had written on the railway receipt that the consignment in question was said to be 251 bags of dry chillies and thus he could not be said to have acted upon the declaration of the appellants being correct. Similarly with regard to the other endorsement on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ier of animals and goods except from any of the causes specified therein. But under the proviso to the section even in the case of loss, destruction etc. from any of the said causes, the railway administration is not relieved of its responsibility for the loss, destruction etc. of the goods unless it proves that it has used reasonable foresight and care in the carriage of the goods. Under Section 74 where goods are tendered to a railway administration for carriage at a special reduced rate known as 'the owner's risk rate' then, notwithstanding anything contained in Section 73, the railway administration is not to be responsible for any loss, destruction, damage etc., from whatever cause arising, except upon proof that such loss, damage, destruction etc. was due to negligence or misconduct on the part of the railway administration or any of its servants. Under Section 106 a person requested under Section 58 to give an account with respect to any goods and giving one which is materially false may be punished with fine which may extend to ₹ 150 for every quintal or part of a quintal of the goods in addition to any rate or other charge to which the goods may be liable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that may have been omitted or undercharged. No admission is conveyed by a railway receipt that the weight as shown therein has been received or that the description of goods as furnished by the consignor is correct. Under Rule 22(1) every consignment of goods when handed to the railway for despatch must be accompanied by a forwarding note which must be signed by the sender or his authorised agent and must contain a declaration of the weight in accordance with Section 58 of the Indian Railways Act and destination of the goods consigned. Under Rule 24(2) if a materially false account is delivered with respect to the description of any goods, the person who gives such false account, and if he is not the owner, the owner also, is, on conviction by a Magistrate, liable to a fine which may extend to ₹ 50/- per maund or part of a maund of the goods, and such fine will be in addition to the rate to which the goods may be liable. 10. In Dominion of India v. Firm Museram Kishunprasad AIR.1950 Nag.85 a a railway receipt was issued to the consignor qualified with the statement that the wagon was said to contain 255 bags of coconuts. As only 251 bags were received at the destinati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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