SUDHIR KUMAR MUKHERJEE AND SHAM LAL SHAW versus STATE OF WEST BENGAL

Citation: [1974] 1 S.C.R. 737 · Decided: 24-09-1973 · Supreme Court of India · Bench: HANS RAJ KHANNA · Disposal: Disposed off

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Judgment (excerpt)

737 
A 
SUDHIR KUMAR MUKHERJEE AND SHAM LAL SHAW 
B 
c 
D 
E 
F 
G 
v. 
STATE OF WEST BENGAL 
September 24, 1973 
[H. R. KHANNA AND A. ALAGIRISWAMI, JJ.] 
Indian Pe11al Code (Act 4~ of 1860), s. 511-Scope of. 
The first appellant was an employee in a firm and the second appellant was 
a supplier of lime stone to the firm. The procedure in respect of the supply was 
that the second appellant would bring four bags of lime stone every day to the 
first appellant and present a chalan to him. The first appellant would then send 
the chalan to P. W. 2 who would initial it and send it back to the first appellant. 
There11pon, the first appellant would put a seal and his signature on it and the 
second appellant would present it to the concerned department and receive pay-
ment for the supply made. 
On complaints that the first appellant was in the 
habit of signing the chalan without actually receiving the goods, 
P.W. 
2 was 
asked to make a physical verification. 
On the day the verification was 
made, 
the first appellant, as usual sent the chalan to P.W. 2. 
After initialling it, 
P.W. 2 verified the stock and not finding the four bags of lime stone questioned' 
the two appellants. They were then prosecuted and were convicted for offences 
under s. 120B read with s. 420 and s. 511 read with s. 420, J.P.C. 
On the question whether there was only a preparation and not an attempt to 
cheat, 
HEW: Under s. 511, I.P.C., a rerson commits the offence of "attempt to 
commit a particular offence" when (1) he intends to con1mit that particular 
offence and (ii) he, having made preparations and with the intention of.commit· 
ting the offence, does an act towards ds commission : such an act need not be tho 
penultimate act towards the commission of that offence but must be an act dur· 
ing the course of committing that offence. The provisions of the section differ 
from English law in that it is not necessary for the offence under s. 511 that the 
transaction commenced must end in the crime, or offencC, if not interruoted. 
[740 E-Gl 
When the chalan is sent by the first appellant for initials of P.W. 2 the first 
appellant takes upon himself the responsibility of assuring P.W. 2 that the lime 
stone had been received. In the present case, the chalan had been prepared and 
the initials of P.W. 2 obtained. 
This is the most important and crucial 
step 
towards cheating though it is not the penultimate step. 
Towards this end both 
the accused had co-operated. Therefore, the accused did not stop at the stage of 
preparation but had reached the stage of attempt. 
[739 B-C, D-E; 740 G-H; 741 A-Bl 
Abhaya11a11d Mislira v. State of Bihar, [1962] 2 S.C.R. 241, followed. 
[No opinion was expressed on the question of conspiracy as there had been 
only a single instance.] [739A] 
CRIMINAL APPELLATE JURISDICTION : Criminal 
Appeals 
Nos. 
60-61 of 1970. 
Appeal by special leave from the judgment and order dated July 
15, 1969 of the Calcutta High Court in Criminal Appeals Nos. 423 
and 390 of 1960 respectively. 
R. L. Kohli and S. K. Gambhir, for the appellant (in both the 
H 
appeals). 
P. K. Chatterjee and G. S. Chatterjee, for the respondent (in both 
the appeals) . 
738 
SUPREME C:Jl)RT REPOl!.T.S 
[ J..97 4 J 1 s.c.R. 
The Judgment of the Court was delivered by 
ALAGil\:isWAMI, J. 'fhe two appellants were tried before 
the 
Presidency Magistrate, 4th Court, Calcutta for offenc~s under s. l 20B 
read with s.420 and s.511 read with s.420 of the Indian Penal Code. 
The learned Presidency Magistrate held them guilty of both the offences 
and imposed a sentence of 1 year's imprisonment a~d a fine of Rs. 200 
on each of the accused on the first charge and considered that no sepa-
rate sentence was necessary in respect of the second, an~ th~ a~peals 
filed by them in the High-COurt of Calcutta were summarily d1snnssed. 
The .facts giving rise to these afpeals are as follows : 
Appellant Sudhii: Kumar Mukherjee W3:S an employee in charge of 
soda lime department of M/s Gluconate Lmuted, Calcutta. and appel-
lant Sham Lal . Shaw was the supplier of lime stone to the said firm. It 
appears that four bags of liine stone were needed every day· 
The pro· 
cedure in respect of the supply was that Shaw used to· bnng the bags 
to Sudhir and present a chalan to him. 
Thereupon Sudhir would send 
the chalan to P.W. 2, Atdendu Sekhar Goswami, who used to initia1 
it and send back to Slldhir. 
Thereupon Sudhir would put a seal on it 
as also his signature, 

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