LexABHAYANAND MISHRA versus THE STATE OF BIHAR
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2 S.C.R. SUPREME COURT REPORTS 241 they were all consistent with his innocence. Though some of the findings give rise to suspicion, we cannot say that the High Court was wrong in holding that the said facts found did not corroborate the evidence of Lawrence in implicating the accused in the offence. We, therefore, accept the finding of the High Court in regard to accused Nos. 2 and 3. In the result both the appeals fail and are dis- missed. Appeals dismissed. ABHAYANAND MISHRA v. THE STATE OF BIHAR (K. SUBBA RAO and RAGHUBAR DAYAL, JJ.) Criminal Law-Attempt to cheat-Getting admission card from University on false representation-Preparation to commit offence and attempt to commit offence, difference-Admission card, if pro- perty-Indian Penal Code (Act 45 of z86o), ss. 420, 5II. The appellant applied to the Patna University for pennis- sion to appear at the 1954 M. A. Examination in English as a private candidate representing that he was' a graduate having obtained his B. A. Degree in 1951 and that he had been teach- ing in a certain school. Believing his statements the University authorities gave him the necessary permisslon, and on his remitting the requisite fees and sending copies of his photo- graph, as required, a proper admission card for him was despatched to the Headmaster of the School. As a result of certain information received by the University, an investigation was made and it was found that the appellant was neither a graduate nor a teacher as represented by him and that in fact he had been de-barred from taking any University examination for a certain number of years on account of his having com- mitted corrupt practice at a University examination. He was prosecuted and convicted under s. 420 read with s. 5u of the Indian Penal Code, of the offence of attempting. to cheat the University by false representations by inducing it to issue the admission card, which if the fraud had not been detected would 31 J.fajor E.G. Barsay v, State of Bo1nbay Subba Rao ]. April 24. I96I Abhayanand Mishra v. State of Bihar 242 SUPREME COURT REPORTS [1962] have been ultimately delivered to him. The appellant contend- ed that on the facts found the conviction was unsustainable on the grounds (I) that the admission card had no pecuniary value and was therefore r.ot property under s. 4IS, and (2) that, in any case, the steps taken by him did not go beyond the stage of preparation for the commission of the offence of cheating and did not therefore make out the offence of attempting to cheat. Held, that under s. 5rr of the Indian Penal Code a person commits the offence of attempting to commit a particular offence, when he intends to commit that particular offence and, having made preparations and with the intention to commit that offence, does an act to\vards its commission; such an act need not be the penultimate act towards the commission of that offence but must be an act during the course of committing such offence. It is not necessary for the offence under s. srr that the transaction commenced must end in the crime or offence, if not interrupted. The observations to the contrary in The Queen v. Ramsarun Chowbey, (1872) 4 N. W. P. 46, In the matter of the Petition of Raisat Ali, (1881) l.L.R. 7 Cal. 352 and ln re Amrita Bazar Pai- rika Press Ltd., (1920) I.L.R. 47 Cal. 190, not approved. In the maiter of the petition of R. M acCrea, (1893) I.L.R. IS All. 173, approved. In re T. Muniraiht,an Reddi, A.LR. 1955 And. Prad. n8, explained. Held, further that an admission card issued by the Univer- sity for appearing at the Examination held by it, though it bas no pecuniary value, has immense value to the candidate and is property within the meaning of s. 4rs of the Indian Penal Code. Queen Empress v. Appasami, (1899) I.L.R. 12 M<td. ISI and Queen Empress v. Soshi Bhusan, (1893) I.L.R. IS All. 210, relied on. In the present case, the preparation was complete when the appellant had prepared the application for the purpose of sub- mission to the University, and the moment he despatched it, he entered the realm of attempting to commit the offence of cheat- ing. Accordingly, the appellant was rightly convicted of the offence under s. 420 read with s. 5u of the Indian Penal Code. CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 226 of 1959. Appeal by special leave from the judgment and order dated September 23, 1958, of the Patna High Court i
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