RAMPAT ROY Vs. STATE

JUDGEMENT

(1.) This is a revision by Rampati Rai, who has been convicted by the learned Assistant Sessions Judge of Gorakhpur under Section 406 I. P. C. and sentenced to two years simple imprisonment. He preferred an appeal against his conviction and sentence but it was dismissed by the learned Sessions Judge of Gorakhpur. He has now come up before this Court in revision. When the revision was admitted, notice was issued to the applicant by a learned Judge of this Court to show cause why his sentence should not be enhanced. The revision and the notice have been heard by us.

(2.) In order to appreciate the matter certain facts may be stated. In the year 1947 a case under Section 145 Cr. P. C. was started in the court of the Sub-divisional Magistrate of Bansgaon in Gorakhpur district between Narsingh Pande and Ram Narain on the report of the Police, Barhalganj. In that case certain plots of land had been attached by the court together with standing crops and were delivered to the supardagi of one Ambika Singh. The appointment of Ambika Singh as sapurdar was subsequently cancelled by the said court and one Sheo Pujan Misra was appointed as Sapurdar in his place by an order dated 3-11-1947. Sheo Pujan Misra, as appears from the copy of the order Ex. P-5 dated the 23rd of November 1954 passed by the then Sub-Divisional Magistrate, was directed to cultivate the land and not to dispose of the crops in anyway without the court's order. Sheo Pujan Misra died after about a year of his appointment and he left a son Ramji and a brother Goverdhan. After the death of Sheo Pujari Misra, the applicant Rampati Rai was appointed a Shahna or Sapurdar of the crops alone which then existed over these plots. Rampati executed a Sapurdnama on the 1st of March 1949 and it was in the following terms:

(3.) At the foot of the conditions aforesaid the Sapurdnama specified the khasra numbers of the different plots, their areas and the crops which stood over the same. The document did not give either an estimate of the quantity of the crop or of the price thereof.