S JASWANT SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioner has been convicted under Section 167 of the Ranbir Penal Code and sentenced to three months rigorous imprisonment and a fine of Rs. 50/ - in default of payment of fine to further undergo rigorous imprisonment for one week.

(2.) THE prosecution case was that the petitioner who was a Patwari of village Goel Tehsil Jammu and was charged with the preparation of the revenue record intentionally made a false entry in the revenue record pertaining to Khasra No. 808/452 of the said village. According to the prosecution, the previous entries described one Mohan Lal as a co -sharer proprietor of plot and the possession of the complainant Gopal Singh was recorded as Gair maoroosi bila lagan bawajah tasawar malkiyat khud."(That is to say as a tenant paying no rent but asserting adverse possession) The petitioner is alleged to have changed this entry in Kharif 1960 by showing, Gopal Singh as a tentant paying half rent to the proprietor. The allegation of the complainant was that as the petitioner had demanded some bribe from the complainant, who in fact, paid some amount of money to the Patwari but not the full amount which he desired, hence the petitioner made a false entry with respect to the status of the complainant. It was also alleged that prior to the entry in question but after the previous entries there was a civil litigation between Bhagwat Kumar, son of Mohan Lal, the proprietor, and the complainant Gopal Singh which was ultimately compromised by which the title of Gopal Singh by adverse possession was accepted. The complainant thus alleged that the petitioner made the wrong entry in order to harm him.

(3.) THE defence was that the entry was made in due discharge of his duties by the petitioner on such information as he had got from the local people and even if the entry was wrong, it was due to a bona fide mistake on his part.