PADAM SEN Vs. STATE

JUDGEMENT

(1.) This is an appeal by Padam Sen and Shekhar Chand of Hilwai within police station Baraut in the district of Meerut against the judgment and order of the learned Special Judge of Meerut sentencing each of them 10 rigorous imprisonment for 1 year and Rs. 500/- fine, with further & months' rigorous imprisonment in default of payment of the fine, under Section 165A, I. P. C.

(2.) Shekhar Chand appellant's father Genda Mal sued Mithan Lal P. W. 9 and the latter's brothers for money on pronotes. The Additional Munsif of Ghaziabad passed judgment on 28-7-1954, holding that the defendants had paid Rs. 7049/10/6 on the pronotes instead of the mere Rs. 4050/- admitted by the plaintiff. The offence for which the appellants have been convicted has been found by the court below to have been committed by the appellants during the pendency of that civil litigation.

(3.) Apprehending that the plaintiff will fabricate his books of account in order to thwart the defence plea of payment over and above that admitted by the plaintiff, the defendants applied to the Munsif for seizure of the books. The Munsif appointed a lawyer, Sri Raghubir Prasad P. W. 4, Commissioner to seize the plaintiff's books of account. In execution of the commission, the lawyer seized the books at Hilwai on 28-3-1954 and brought them to Ghaziabad. According to the prosecution, the appellants committed the offence on 29-3-1954 while the books of account were still with the Commissioner. Shekhar Chand as the plaintiff's son and Padam Sen as Shekhar Chand's friend are said to have offered bribe to the Commissioner to allow them to change the relevant account book.