PROMODE RANJAN SAHA Vs. STATE

JUDGEMENT

(1.) BISWAMBAR Datta, the appellant in the Jail Appeal No. 4 of 1959 was the nrst accused in Special Court case No. 5 of 1958 before the Special Judge, Tripura in which he was convicted Under Section 161 l.P.C. and sentenced to 6 months' R.I, Promode Ranjan Saha, the appellant in Criminal Appeal No. H of 1959 was the Second accused in the said case who was convicted by the Special Judge Under Section 165A IPC for abetment of the offence by the first accused and sentenced similarly to 6 months' R.L The appellant in Criminal Appeal No. 3 of 1959 appeared by counsel while the appellant in Jail Appeal No. 4 of 1959 was unrepresented by counsel though he was present in person. The learned Advocate who appeared for Promode Ranjan Saha was kind enough to argue the case for Biswambar Datta also, as there was no conflict between the cases of the two appellants.

(2.) ON 11 -9 -1957 one Osman Ali Sarda (P.W. 1) of town Pratapgarh who had obtained the permit Ext. 4 from the District Magistrate to transport 50 maunds of paddy from the village to his town residence was bringing the paddy in ai Lorry T.R.L. No. 53. At about 4 P.M. the Lorry driven by Mannaf Meah (P.W. 3) arrived at the Police Check -Post at Asram Chowmohani which was guarded by Biswambar Datta who was a Habildar in the Tripura Police Force.

(3.) THE further prosecution case is that after the weighing, Biswambar Datta gave it out that the paddy was 9 maunds in excess. Osman AH denied it, as according to him he was carrying only 48 maunds of paddy. It had taken some 3 to 4 hours for the weighing of the paddy and it was drizzling. Then Biswambar Datta said that he would release the paddy if he was paid a bribe of Rs. 50/ - to which Osman Ali did not agree. As1 the Lorry was being thus delayed further Mannaf Meah (P.W. 3) said that he would insist on double charge if there was further delay. Then there was a discussion and ultimately Biswambar reduced his demand to Rs. 30/ -.