NARAYAN PRASAD Vs. EMPEROR

JUDGEMENT

(1.) NARAYAN Prashad, Patwari, Bhawani Prashad, revenue peon, and Abdul Majid, revenue peon, were convicted and each sentenced to undergo 3 consecutive terms, each of 3 months rigorous imprisonment, and pay Rs. 75 fines by the First Class Magistrate, Damoh, under Section 161, read with Section 34, Penal Code. In appeal the Additional Sessions Judge, Damoh, held Narayan Prashad liable under Section 165, ibid, maintained the jail punishment awarded and set aside the fines. Bhawani Prasbad was also adjudged liable under that section but on one count only and he was sentenced to undergo 3 months rigorous imprisonment. His fines too were set aside. Abdul Majid was acquitted. Narayan Prashad and Bhawani Prashad have now come up in revision to this Court.

(2.) THE case against them shortly stated was to the effect that while they were engaged in grain procurement work in mouza Gadhola, Hatta tahsil, Saugor District, in April-May 1945, they received illegal gratifications from Prahlad Singh (p.w. 1), Bhopal Singh (p.w. 2) and Bahadur Singh (p.W. 3) with the consequence that they did not procure from them the stipulated quantity of grain. An anonymous petition despatched in July 1945 was received by the Tahsildar, Hatta, and S.P. Sukul (p.W. 7) carried out the investigation in the course of which Prahlad Singh, Bhopal Singh and Bahadur Singh made the reports Exs. p-1, 3 and 4 respectively on 12-8-1945.

(3.) BHOPAL Singh claimed that when he refused to supply the two bags of wheat demanded by the accused, they threatened to enter his house and demanded Rs. 5 from him. On his payment of that amount to the applicant Narayan Prashad they took only 1 bag of wheat from him. Bahadur Singh's version was that on his refusal to supply two bags of wheat to the accused, they were about to enter his house and Narayan Prashad demanded Rs.4 from him. When he paid that amount, only one bag of wheat was taken from him.