Janki Prasad vs Emperor - 1926 Supreme(All) 14

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1926 Supreme(All) 14

DANIELS
Janki Prasad – Appellant
Versus
Emperor – Respondent

JUDGMENT

Daniels, J. - In this case the appellant Janki Prasad, a patwari was committed to the Court of Sessions on charges under Sections 218 and 471, I.P.C. The charge was that he knowingly prepared a wrong record, namely a jinsi bahi-khata, showing a tenant named Mendai as paying a grain-rent, whereas in fact he paid a cash rent, and that he produced this paper in Court to support a false defence put in by Mendai in a suit for arrears of rent. The revenue Court held that the defence was false and decreed the suit. Thereafter the plaintiff in that suit filed a complaint against the patwari which has resulted in the order under appeal. The learned Sessions Judge held on the merits that it was fully proved that Mendai had agreed to pay a cash rent and that the patwari knowingly prepared a false record. The patwari was under suspension and had given overcharge at the time when the bahi-khata was to (Sic) in evidence. The learned Sessions Judge held for some reason which is not clear to me that if the record was prepared before the patwari's suspension the only offence which he could be held to have committed would be an offence u/s 218 and not an offence u/s 471, I.P.C. The same act

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