STATE GOVERNMENT Vs. HIFZUL RAHMAN

JUDGEMENT

(1.) THIS appeal is by the State Government against the acquittal of the first, second and the fourth respondents by the appellate Court of an offence under Section 464, Penal Code, and of the respondent 3 under Section 379, Penal Code, after conviction by the first Court.

(2.) THE case of the prosecution as set forth in the challan is far from clear. The complaint was made that the four respondents to the appeal and two others committed offences under Sections 420, 465, 317 and 411, Penal Code, in the following circumstances. Respondent 1 was a member of the Hinganghat Local Board in charge of Girad and Nima Cattle-pounds for about 6 or 7 years. During that time -with the help of "gang members" (presumably referring to the associates of respondent 1) at cattle pounds at Mangrool, Kora, Wasi and Girad, Hifzul Rahman used to seize free cattle of the entire public, put false dates, show their auction within 7 or 12 days and used to give the cattle either to his gang members for a low amount or retain them for himself for selling them afterwards with much profit.

(3.) IT was alleged that in the present case four she buffaloes of Ramchandra (P. W. 1) were stealthily driven by Motiram during the noon of 24. 4. 1917. The buffaloes were kept at village Keslapar under the direction of respondent 1 Hifzul Rahman on the ground that the cattle-pound of Mangrool was under repairs at that time. Acting under the instigation of Hifzul Rahman the accused Govinda showed the arrival of the above cattle in the cattle-pound at Mangrool on 20. 4. 1917 by forging cattle-pound receipt No. 6-9 (Ex. P. 50 ). Thereafter it was also alleged that he forged corresponding entries, dated 20. 4. 1947 in the fodder register (Ex, P-47) and the cattle-pound register (Ex. P-49 ). It was alleged that on or about 20. 4. 1947 all the accused acted together and declared that the cattle should be taken as ill and managed to fabricate auction papers (Exs. P-10 and P-41) with the above date after entering a few beiges bids in the names of their friends without any proclamation. They ultimately got the cattle knocked down in favour of the accused Kisna and Amrutia for Rs. 61 in all as against the alleged price of Rs. 730 or so. It was further alleged that the accused Hifzul Rahman posed as the member in charge of Kora Local Board circle also and attested the above auction papers in the capacity of the officer-in-charge as if holding the auction. He managed to secure one of the two buffaloes received by Amrutia. Accused Govinda paid Rs. 25 as per Ex. P-54 dated 1. 4. 1947 to the accused Kisna and kept with him one of the two she-buffaloes procured by the latter in the above manner.