PYAREY LAL LEKHPAL Vs. STATE OF U P

JUDGEMENT

(1.) This revision is directed against the judgment and order passed on 13.11.84 by Mr. R. S. Pandey, III Additional Sessions Judge, Fatehpur, who was sitting to decide criminal appeal No 63 of 1984. The learned Judge confirmed the order passed on 19.5.84 by the Chief Judicial Magistrate. Fatehpur and up-held the conviction of the revisionist under section 166 I. P. C. as well as the sentence passed by the learned Magistrate which was of fine of Rs. 500.

(2.) The brief facts of the matter are that the revisionist Pyarey Lal was on the relevant date working as Lekhpal of Asothar Anirudh Singh, who is first informant-complainant, obtained a sale deed in respect of half portion of plot no. 2180 of village Asothar and moved an application for mutation of his name after expunction of the name of Durga Shanker, Daya Shanker and Kamlesh, which was allowed on 28.1.77 itself. The mutation application was moved and an appeal filed against that order also failed. Then it is said that the Supervisor. Qanungo made the correction in the Mutation Register on 17.5.79 vide serial no. 67 at page 14. It also appears that Anirudh Singh and his brother approached Pearey Lal Lekhpal twice before 5.4.81 and apprised him of the order of mutation in their favour & asked him to make the necessary corrections in the revenue records which were in his custody, but the revisionist demanded illegal gratification and refused to obey the order. It was only on 5.04.81 when for the last time a request was made to him that he actually corrected the entries on 6.4.81. Information to the police was given and thereafter a criminal complaint was filed.

(3.) Four witnesses were examined by the prosecution before the learned Magistrate Dharam Singh Assistant Record Keeper was examined as P. W. 1. Anirudh Singh complainant entered the witness box as P. W .2. The Record Keeper Mom Uddin Khan was examined as P.W. 3, and the Supervisor Qanungo who corrected the Mutation Register, namely Chandrapal, was examined as P W. 4. The mutation order passed by the Tehsildar on 28.1.77 and Khatuni for 1379-F were also placed on the record.