Judgement

KAPUR J.- This is an appeal by Special leave under Art. 136 of the Constitution of India against the Judgment of the Allahabad High Court confirming the conviction of the Appellant Raghubansh Lal under S. 218 of the Indian Penal Code.

2. The offence for which the appellant was tried was that being a Patwari of village Arazi Mafi Pandai and thus a public servant, he "framed the Khasra of 1358 in respect of plots Nos. 170 and 74/1 of village Arazi Mafi Pandai" which he knew "to be incorrect with intent to cause or knowing to be likely that he would thereby cause an undue loss to Smt. Mahura Kanwar" .

3. The facts out of which this appeal has arisen are these. Two brothers, Mahadeo and Sahdeo, who were members of a joint Hindu family owned certain plots of land. Mahadeo died leaving a widow Basera Kunwar, a son Damodar Pande and a daughter Mahura Kuer. Sahdeo died leaving a widow Sundra Kuer. On the death of Damodar Pande, one Ram Sewak Pande brought a suit against Smt. Basera Kunwar and Smt. Sundra Kuer for possession of zamindari property including sir and sayar left by Damodar Pande which was dismissed. On the death of Basera Kunwar, Adit Pande son of Ram Sewak and one Gan