BADRI NATH Vs. STATE

JUDGEMENT

(1.) WHILE fully alive to the salutary rule that enjoins respect for the estimate of oral evidence made by the trial Judge and, in particular, to concurrent findings on questions of fact recorded by the Courts below, the Board, in the present case, for reasons that will presently appear, is unable to endorse the finding about the guilt of Pt. Badri Nath Jalali recorded by the Courts below and to affirm his conviction.

(2.) IN or about Bhadon 2005 (August 1948) Pt. Bari Nath Jalali hereinafter referred to as the appellant, was temporary Tehsildar at Uri. Till December 1947, the area round about Uri was in possession of raiders, but they were dispossessed from the same and civil administration was established in or about the beginning of 1948. The exigencies of the situation, however, dictated the desirability of military control over the area for some time to come and, accordingly, the civil administration had, for the time being to function in collaboration with the military authorities.

(3.) IT is common ground that one Ghulam Rasul, who was Zaildar of Islamabad and surrounding villages, had gone over to Pakistan side and this fact, after the establishment of civil administration, necessitated the appointment of another Zaildar, the more eo as the revenue for the Section year 2004 (1947) was in arrears. On 15th Bhsdon 2005 (30. 8. 948) some Zemindars of Islamabad and neighbouring villages presented a petition Ex. P. A. to the appelt. praying that one Mutwali Mir (PW 1) be appointed Zaildsr of the illaqa in place of Gulam Rasul. On the same date, in pursue nee of the order of the appellant, Dina Nath Patwari (P. W. 2) recorded the statement of a number of Zemindars who stated that Mutwali Mir has shown sympathy towards us and we request that it will meet the ends of justice if Mutwali Mir is appointed Zaildar of our illaqa. It appears from the evidence of Dina Nath that the Chief Administrator, Pir Mohd Maqbul (P. W. 17) was present when the application just referred to was presented and when the joint statement of Zemindars was recorded by Dina Nath. Dina Nath further stated that "the Administrator ordered verbally that since he (Mutwali Mir) had done good work in military he may be appointed as Zaildar. " At that time he passed the order verbally. It is also a matter of admission that after the departure of Gulam Rasul, Mutwali Mir was playing the role of Zaildar and was, to all intents and purposes, a de facto Zaildar.