STATE OF MAHARASHTRA Vs. VIDYANAND GOVIND KANGALE

JUDGEMENT

(1.) This is a reference made to this Court by the learned Sessions Judge, Sholapur to quash a conviction of the two accused persons who had been convicted of an offence under S. 182 when read with S. 109 if necessary.

(2.) The prosecution case was that the Mamlat-dar of Mohol received an application complaining that one Soudagar who was a tenant of land belonging to accused No. 2 had received tagai loan through the influence of Talati and Sub-Inspector and the Talati had not given an extract from the Record of Rights to the applicant even though he had gone to the Talati 1 or 8 times. This application was actually made by accused No. 2 and was written by accused No. 1. It was false inasmuch as Saudagar did not get the tagai because of the influence of the Talati or the Sub-Inspector and also because it was not true that accused No. 2 did not get extracts of the Record of Rights even though he had made 7 or 8 trips to the Talati for it.

(3.) The defence of accused No. 2 was that he had not made the application. It did not. bear his signature or thumb impression and any body might have made it. The principal defence for accused No. 1 was that he was merely the writer of the application.