RAM HARAKH PATHAK Vs. EMPEROR

JUDGEMENT

(1.) The appellant has been convicted by the Additional Sessions Judge of Basti under Section 477, Indian Penal Code, and sentenced to 2 1/2 years rigorous imprisonment.

(2.) The charge against him is that he destroyed a patta which he and Sheo Agyan had executed in favour of Sheobalak, son of Jagai, on the 11 of February 1925.

(3.) It appears that there was a suit filed in the Court of the Munsif of Basti by the accused and some others against Jagai for a declaration that certain land was their khudkasht. Jagai defended the suit on the ground that the land was his occupancy tenancy. Jagai was referred by the Munsif under the provisions of Section 202 of the Tenancy Act to the Revenue Court to get hid status qua this land declared. In the meantime a riot took place in the village, and he the appellant, and several others were prosecuted for offences of rioting and hurt. While that case was pending, a patta (together with a kabuliyat) was executed on the 1 of October 1924 in favour of Sheobalak, son of Jagai, relating to the land which was in dispute in the Court of the Munsif. This patta along with many others was executed the same day, and this patta was kept with Thakur Ansuman Singh, Vakil, at whose house they were executed, on condition that the entire litigation, both civil and criminal, was to be compromised after which the patta would be registered, and Thakur Ansuman Singh was to hand over the patta to the adversary of the party that did not carry out the terms of the compromise. The land comprised in the patta belonged to a family of six, of which Ram Harakh and Sheo Agyan were members, and the patta although written on behalf of all the members of the family, was only signed by Ram Harakh and Sheobalak.