DILAN SINGH Vs. EMPEROR

JUDGEMENT

(1.) The appellant in this case has been convicted under Section 211 of the Indian Penal Code of instituting false criminal proceedings before the Sub-Inspector of Fatehpore police station against one Fazal Hussain and others.

(2.) It appears that there was some dispute about the possession of the village Manhona and the zamindari kutchery therein, between Karu Singh, who is one of the ticcadars of the village, and Amiral Hossain, who is a lessee from Kali Singh, another ticcadar. The accused, Dilan Singh, admittedly went to the thana and there lodged information before the Sub-Inspector, Rajendra Narain Varma, that while he was sitting in the kutchery Fazal Meah and others came there, caught hold of him, beat him, shut him up in a room in the kutchery and then set fire to the thatch of the kutchery building: that he raised an alarm and. the villagers came and rescued him. The Sub-Inspector, on enquiry, did not believe this story. The words of his final report are "I therefore submit the final report in the case and recommend that Dilan Singh and Kara Singh may be prosecuted under Sections 182 and 211."

(3.) The prosecution of the accused was then directed by a Deputy Magistrate. A preliminary inquiry was made and the accused was committed to the Court of Sessions. The learned Sessions Judge agreeing with both the Assessors has convicted the accused under Section 211 and has sentenced him to three years rigorous imprisonment.