JAGESHWAR Vs. STATE

JUDGEMENT

(1.) APPELLANT Jageshwar has been convicted for the offence punishable under Section 333 I. P. C. the sentence awarded being rigorous imprisonment for two years. After hearing learned Counsel for the parties. I am of opinion that the conviction of the appellant cannot be sustained.

(2.) THE prosecution case was as follows: On the 9th of October 1966 at about 2. 30 p. m. the appellant was noticed on a cycle. with a 'zhola' hanging by its handle, having passed the toll barrier without having octroi duty on goods contained in the aforesaid 'jhola' consisting of 50 packets of 'surf powder. The appellant was asked to stop but as he did not do so he was apprehended and whilst the appellant was being taken, with his cycle in his hand, to the office of the municipal board for legal action, the appellant scuffled with the peons of the municipal board in order to release himself and in the course thereof, used force against the left hand of peon Numan Ali which resulted in a contusion over and slight dislocation of the thumb joint of the right hand of Numan Ali. Numan Ali was at that time holding the cycle of the appellant by his right hand The appellant pleaded not guilty and the substance of the defence Put forward on behalf of the appellant was that after he had Paid dues to the municipal board and obtained a receipt (exhibit kha 1) whilst he was proceeding away from the toll barrier. Numan Ali ran after him slipped his foot and fell down and that the inquiry received by Numan Ali was the result of the aforesaid fall The appellant made a long statement alleging certain enmities with some municipal employees as the cause of his false implication but it is not necessary to set forward the same for the purposes of this judgment.

(3.) IN support of its case, the Prosecution examined a number of witnesses who supported the prosecution version which was accepted by the Court below with the result that the appellant was convicted and sentenced as above.