LexKANUMUKKALA KRISHNA MURTHY versus STATE OF ANDHRA PRADESH
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410 SUPREl\'IE COURT REPORTS KANUMUKKALA KRISHNA MURTHY v. STATE OF ANDHRA PRADESH [1964} [K. SOBBA RAO, K. C. DAS GUPTA AND RAGHUBAR DAYAL, JJ.J ~ Indian Penal Code, 1860 (Act 45 of 1860), ss. 415, 419-Cheating -Public Service Commission, false representations to-If decep- tion of Government. The appellant applied for a post advertised by the Madras Public Service· Commission, making certain representations in his application which were found to be false. He was convicted under s. 419 Indian Penal Code for having cheated the commis- sion. This conviction was confirmed by the Sessions Judge and the revision was dismissed by the High Court. ' Held: (i) Cheating can be committed in either of the two ways described in s. 415 Indian Penal Code. 'Deceiving a per- son' is. common in both the ways of cheating. (ii) The appellant's misrepresentation to the Service Com- mission continued and persisted till the final stage of the Govern- ment itself was deceived by the misrepresentation made in the application presented to the Service commission. · The Service Commission is a statutory adviser to the Government in the matter of appointment to the Service. DeceP- tion of such an adviser is deception of the Government which is expected to pay heed to its advice and act accordingly. State of U.P. v. Manbodhan Lal Srivasta'IJa [1958J S.C.R. 533, The Crown v. Gunput, 1868 Pun,i. Rec. Cr!. Case No. 6, P. E. Billinghurst v. H. P. Blackburn, 27 C.W.N. 821; Legal Remem- brancer v. Manmatha Bhusan Chatterjee, & Legal Remem- brancer v. Hridoy Narian I.L.R. 51 Cal. 250, Emperor v. Faza! Din (1906) 4 Cr. L.J. 355, Queen Empress v. Appasami, I.L.R. lZ ~/lad. 151. As/:iwani Kumar Gupta v. Emperor. I.L.R. 1937 (1) Cal. ?l and In re: Hampshire Land Company, [1896] (2) Ch. 743. referred to. CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 1,34 of 1962. Appeal by special leave from the judgment and order dated July 17, 1962 of the Andhra Pradesh High Court in Criminal Revision Case No. 298 of 1961. A. S. R. Chari, G.D. Gupta, S. Balakrishnan, R. K. Garg, S. C. Agarwa/a, D. P. Singh and M. K. Ramamurthi, for the appellant. S. G. Patwardhan and B. R. G. K. Achar, for the respon- dent. March 23, 1964. The Judgment of the Court was deli- vered by Raghubar Dayal, J. RAGHUBAR DAYAL, J.-The facts leading to this appeal. by special leave, are these: The Madras Public Service Commission, hereinafter refer- red to as the Service Commission, by its notification published . '7 S.C.R. SUPRE:\IE COURT REPORTS 411 in the Fort St. George Gazette dated August 3, 1948, invited applications for appointment of Assistant Surgeons in the Madras Medical Service (Men's Section), from persons who had rendered temporary service as Assistant Surgeons in that Ser- ·vice at any time between September 3, 1939 and December 31, 1947 and from persons who had rendered War Service and possessed the qualifications mentioned in paragraph 3 of the notification. Paragraph 3 of the notification, inter alia, reads: "Applicants must satisfy the Commission- (a) that they are registered practitioners within the meaning of the Madras Medical Registration Act, 1914; (b) that they possess the L.M.S. degree or the M.B., . B.S., degree of a University in the Province or an equivalent qualification." The appellant, who was at the time serving as a Civil Assistant Surgeon in the Madras Medical Service on a tempo- rary basis, applied for the permanent appointment to the posts notified by the Public Service Commission. In this application he made the following representations, which have been found to be false, by the Courts below : (i) that his name was Kaza Krishnamurthy; (ii) that his place of birth was Bezwada, Krishna dis- trict; (iii) that his father was K. R. Rao of Bezwada; and (iv) that he held the degree of M.B.,B.S., TI Class, from the Andhra Medical College, Vizagapatam, Andhra University. On these facts, the appellant was convicted of the offence under s. 419 I.P.C. for having cheated the Madras Public Ser- vice Commission by personating as Kaza Krishnamurthy and misrepresenting that he had the necessary qualifications for the post advertised inasmuch as he held the degree of M.B.,B.S., and that this deception of the Service Commission was likely to have caused damage to its reputation. It may now be mentioned that the appellant was also tr,ied for offences under s. 420 and s. 465 I.P.C. in connectio
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