KAILASH CHANDRA PAL Vs. EMPEROR

JUDGEMENT

(1.) In this case the two petitioners Koylash Chandra Pal and Rash Behari Dhar have been convicted of cheating and sentenced under Section 420, Indian Penal Code, each to undergo six months rigorous, imprisonment,

(2.) The facts found are that in February 1916 one Safar Ali and eleven others took from Government on a joint bond a sum of Rs. 300 by way of an agricultural loan. At the same time one Sibram and ten others similarly borrowed a sum of Rs. 265. In each case the bond was repayable by two instalments, the 1st instalment becoming due 1 1/2 years after date. On the 23rd of January 1918, a Sub-Deputy Collector went to realize the 1st instalment. He allowed the petitioners, who are spoken of as "village touts", to interfere in the matter. The result was that while from each borrower, including interest for 1 1/2 years, the sum due was Rs. 14-3-5, the two petitioners acting in concert induced the borrowers to believe that the sum payable by each was Rs. 15 8.0 and realized this sum from 22 of the 23. They thus collected in the aggregate on the 1st bond Rs. 170-8-0, on the 2nd Rs. 164-5 0, and paid to the Sub Deputy Collector on the 1st Rs. 156-3-9, on the 2nd Rs. 151, so misappropriating in all Rs. 27-9-3. The fraud was discovered when on a later date the last of the 12 executants of the 1st bond, one Osman Ali, made his payment separately and was necessarily required by the Revenue Officer to pay only the correct amount.

(3.) These facts have been established by unimpeachable evidence which both Courts below have believed.