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1953 Supreme(All) 253

DESAI
Umrao Lal – Appellant
Versus
State – Respondent


Advocates:
L. Chandra, for Applicant; A.K. Kirty, for the State.

ORDER :- This is an application in revision by Umrao Lal from his conviction and sentence under Section 193, I.P.C. One Babu Ram was prosecuted for demanding a bribe from the applicant and the applicant was the principal witness in the case against him. He was examined-in-chief on 17-11-1950 and made the following statement :

"I had a talk with Babu Ram at the house of Matru Lal. Babu Ram demanded 200/- Rs. from me in consideration of his getting the case relating to the money order hushed up. Matru Lal settled the transaction for Rs. 50/-. I paid Rs. 40/- which I had with me then to Matru Lal who gave them to Babu Ram."

He was cross-examined under Section 256 of the Code of Criminal Procedure on 8-12-1950 and in the course of the cross-examination he made the following statement :

"The talk about the payment of the bribe had taken place between me and Matru Lal. The accused never demanded a bribe from me. He did not hear the talk about the payment of the bribe. When I paid Rs. 40/- to Matru Lal, he was not present."

The Magistrate who tried the case against Babu Ram was of the opinion that the above two statements made by the applicant were so contradictory to each other that one of





















































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