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Penal Code (XLV of 1860)---S. 410-Conviction for offence­ Dishonest deception of person deceived to be established-Dishonest intention-To be ascertained from conduct of accused and surrounding circumstances. Mahmud Ali, Advocate Federal Court instructed by M. Siddiq, Attorney for Appellant. Ihsanul Hay, Advocate Federal Court instructed by Nazir-ud­din, Attorney for Respondent. Date of hearing : 10th October 1955. JUDGMENT AKRAM, J.-This is an appeal by our leave from a conviction and sentence of rigorous imprisonment for nine months under section 420, Penal Code. The facts may be briefly stated as follows:- The appellant Lutif Ali Shah was working as an `E' grade clerk in the office of the Commandant Sind Police Rifles at Hyderabad. He, however, worked as `D' grade clerk from 19-8-46 to 30-11-46 and again from 20-12-46 to 8-1-47 during certain leave vacancies which had occurred in the office. In 1946 the pay-scale having been increased with retrospective effect, the appellant became entitled to Rs. 93-7-0 for the period mentioned above due to the increase in the salary. This sum of Rs. 93-7-0 was received by the appellant on 13-1-48; nevertheless on 26-10-49 he made an application to the Assistant Comman­dant (Exh. 4-C) claiming Rs. 93-7-0 once again for the period aforesaid. His claim was endorsed by the Accountant in the office and some others also found the claim in order after checking up with the office record; the payment of Rs. 93-7-0 was again made on 15-11-49. On 10-6-52 the double payment having been brought to the notice of the Commandant, he sent information to the Anti-Corruption Department and the appellant was thereafter put upon his trial and charges under section 5(2) of Act II of 1947 and sections 420 and 465 of the Penal Code before the Special Judge, Hyderabad. 'I he learned Judge convicted the appellant under section 5(2) of Act II of 1947 and sentenced him to rigorous imprisonment for nine months Upon appeal the Chief Court of Sind altered the conviction to one under section 420, Penal Code, but otherwise dismissed the appeal. The appellant thereupon preferred the present appeal after obtaining our leave. Counsel for the appellant…

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