Judgement

CHANDRASEKHARA AIYAR, J. : Ram Krishan, the first appellant in Criminal Appeal No. 43, is a partner-proprietor in the firm of Kundan Lal Raja Rama of Saharanpur. Prem Chand, the second appellant, is a partner in the firm of Narain Prasad and Prem Chand in the same place. The appellant Gian Chand, is the munim of a firm called Lekh Raj Sahmbhu Nath. Some of the Saharanpur merchants, including the three firms, were suspected of exporting potatoes at concessional rates on false declarations or certificates that they were seed potatoes.

Police investigation was proceeding in this connection at Saharanpur in October, 1951. Madan Lal, Railway Section Officer, examined as P. W. 4 in the case, was deputed by the Railway Department to assist the Special Police Establishment in the investigation. Labhu Ram, Railway Parcels clerk in the Railway at Saharanpur, was deputed by the Sation Master to help the Police party.

2. It is alleged by the prosecution that during the progress of the investigation, and after the houses and shop of the accused persons had been searched, Ram Kishan took Labhu Ram aside and proposed that the three firms would be prepared to pay Rs. 2,000 if the case was h