RAM NATH Vs. EMPEROR

JUDGEMENT

(1.) The applicant, Babu Ram Nath, who is a practising Mukhtar at Agra was convicted by a First Class Magistrate of Agra of the offences under Secs.419 and 465 of the Indian Penal Code, read with Section 114 of the same Code. He was sentenced to undergo rigorous imprisonment for two years. He appealed. The learned Sessions Judge found that the case of abetment of cheating under Section 419 of the Indian Penal Code had not been established. But he was of opinion that the applicant was guilty of abetment of an offence under Section 465 of the Indian Indian Penal Code and sentenced him to undergo simple imprisonment for one year.

(2.) In this Court several points have been taken. But before the points urged are mentioned, it would be necessary to know exactly what the case is.

(3.) It appears that a keenly contested election to the Municipal Board of Agra was going on. The applicant was one of the candidates for election. There were two vacancies in Board and there were five candidates. Dr. Ram Sarup Sarain was one of the other four candidates and the applicant and Dr. Ram Sarup being friends worked together. Indeed it was Dr. Bam Sarup and his agents who tried for the successful election of both. The 24 of March, 1923, was the date of election. Election was going on at the premises of the Municipal Office. A certain person, whose identity has not bean established, come forward and claimed to be one of the voters, viz., Hari Shanker. According to the rules, this man, professing to be an illiterate person put his thumb-mark on the document Exhibit I, called signature-sheet and the applicant, Ram Nath, put his signature on the document as a witness who knew the voter. It has been established that the man who represented Hari Shanker was not the real Hari Shanker and that the applicant attested the signature sheet without knowing that the person who put his thumb- mark to the sheet was not the real voter.