Judgement

MUDHOLKAR, J. : This is an appeal by special leave from the judgment of the High Court of Patna upholding the appellant s conviction under S. 353, Indian Penal Code and the sentence passed against him.

2. The facts which are not in dispute are as follows:

3. On the evening of October 29, 1957, Mr. Bhupendra Narain Singh, Assistant Superintendent of Commercial Taxes, Patna Sadar circle, paid a surprise visit to the shop of Hazari Lall and Co., in Barah town in order to inspect the books of accounts maintained by the shop. At that time the appellant Hazari Lall was in the shop. Mr. Singh found that two sets of account books were kept in the shop. He took them up and started looking into them. The appellant snatched away both the books from him, passed them on to one of his servants who made them over to another servant who was on the upper floor. Mr. Singh directed his orderly peon to recover the books. The peon was, however, prevented by the appellant from going to the place where the account books had been taken and in the scuffle which ensued between the two, the orderly s shirt was torn. Thereafter Mr. Singh went to the police station to lodge a complaint. The appellant wh