Lancelot Sanderson, C.J.

1. This is an appeal by Raja Khan and Cherak AH Akon, Thegist of the case was that one Torap Ali was guilty of cheating by personatingone Sabdar Faraji, and using his name on a surety-bond. The charge againstTorap Ali was that he was the principal in the case and the charge against RajaKhan and Cherak Ali Akon, the two appellants, was that they abetted by beingpresent at the personation which is alleged to have been committed by TorapAli. Torap Ali has been acquitted by the Jury; and, therefore, it must be takenthat the case against him could not be substantiated. The learned Judge did nottell the Jury that the first thing that mast be decided was, whether thealleged offence had been committed by Torap Ali, and he omitted to tell themthat unless they found that Torap Ali was guilty of the offense Raja Khan andCherak Ali Akon could not be found guilty of abetting that offence Havingregard to the omission to which I have referred in the Judges summing up, Ithink the conviction of these two men must be set aside. Consequently, thisappeal must be allowed and the conviction of, and the sentence passed on, thesetwo appellants must be set aside. If either of them is in Jail he must bereleased; if on bail, his bend must be discharged.

Asutosh Mookerjee, J.

2. I agree.

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Raja Khan and Ors. vs. Emperor (26.11.1920 - CALHC)