Bishan Das v. State of Punjab
Background
A village sarpanch issued a certificate stating that Lal Chand had no land apart from land he had made cultivable, although revenue records showed that Lal Chand and his wife owned other land. Lal Chand used the certificate to obtain a land allotment. The courts below convicted the sarpanch of supplying false information and cheating, and he challenged those convictions.
Decision Breakdown
The Supreme Court upheld the conviction for furnishing false information under Section 177 of the Indian Penal Code because the sarpanch was legally required to supply correct information and knowingly certified false facts. It set aside the cheating conviction under Section 420 because the necessary fraudulent or dishonest intention for that offence had not been proved. Taking account of the cancellation of the land allotment, it reduced the six-month sentence for false information to the approximately five-and-a-half months already served. It discharged his bail bonds and disposed of the appeal accordingly.
Lesson Learnt
A public official can be punished for knowingly issuing a false certificate even when the evidence does not establish the separate offence of cheating. Each charge must still satisfy its own requirements.