Interpretation of the expression colour in office given under Section 161(1).

The appellant, who was the 1st accused in Sessions Case No. 100 of 1958 in the Court of the learned Additional Sessions Judge, Bijapur, was convicted under section 218, Indian Penal Code and sentenced to suffer rigorous imprisonment for a period of one year. The correctness of the conviction as well as the sentence is challenged in this appeal.

The appellant, in about February 1954, was serving as a Head Constable at Kalkeri Outpost which was attached to Hippargi Police Station. The charge against the appellant is that he deliberately suppressed a panchanama as well as a report prepared by him in connection with the seizure of certain ganja from one Nabisab Kembavi on 23rd February, 1954, with a view to screen the offender from lawful punishment, and in its place substituted a new panchanama and a new report (Exhibits 6 and 7 respectively) containing false recitals and thus committed an offence under section 218, Indian Penal Code.

Briefly stated the prosecution case is that the appellant and some of his subordinates laid in wait on 23rd February, 1954, at a place called Hattihola, about two furlongs from Budihal to catch ganja smugglers from the former State of Hyderabad to Kalkeri; at about 2 or 3 p.m. on that day, they saw one Nabisab Kembhavi coming from Bammanahalli side; on suspicion they caught hold of him; he had a bundle which on search was found to contain 15 chits of ganja; at the instance of the appellant a panchanama was prepared showing the seizure of 9 chits; the remaining 6 chits were pocketted by the appellant; the panchanama in question was written by P.W. 2 (Meenappa) and attested by one Saibanna Naikalla (P.W. 3) and the Police Patil of Hallappa; signatures of these persons were also taken to some blank papers; thereafter the appellant prepared a report; the documents prepared were entered in the Tappal Book of Police Patil; the seized ganja, the panchanama as well as the report of the appellant along with the arrested accused Nabisab were made over to the Walikar to be taken to the Police Station at Hippargi; the appellant thereafter proceeded further for detecting other cases; and on that night he camped at a Hanuman Temple in Gundakanal. It is further alleged that at about 2a.m. that night, the acquitted accused 3 and 4 (Kashim Husseinsab and Badesab Keshimsab respectively) came and woke up the appellant and requested him to get Nabisab released; thereafter A-3 was sent to bring the panchas who signed the panchanama prepared on the previous day; the acquitted A-2 (Hussein Ismail) was sent to Kalkeri to bring back the papers and the accused. It is said that A-3 and A-4 brought Saibanna Naikalla (P.W. 3) the writer of the panchanama prepared on 23rd February, 1954 but the other attestors were not available. On 24th February, 1954 a new panchanama was prepared in which it was recited that some one unknown, when apprehended, threw 9 chits of ganja and ran away. This new panchanama was in due course sent to the Hippargi Police Station. That panchanama was sent back to the appellant for further investigation. Meanwhile on the 24th itself Ningangouda (Police Patil of Kalkeri) sent up a petition to the District Superintendent of Police, Bijapur, setting forth the true facts and alleging that the appellant on receipt of a bribe of Rs. 100 had faked up a new panchanama after having destroyed the earlier panchanama and had released the culprit Nabisab. That petition was forwarded to the Police Sub-Inspector at Hippargi for enquiry. After enquiry a charge-sheet was laid against the four accused, out of whom three were acquitted.

The main witnesses who speak in support of the prosecution case are P.W. 1 (Shankarappa), P.W. 2 (Meenappa), and P.W. 3 (Saibanna). In addition one Yellappa a constable at Kalkeri Outpost in about February 1954 had been examined in the committal Court but before the trial of the case commenced ho died. His deposition in the committal Court was marked as Exhibit 57. Both P.W. 1 and Yel