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1923 Supreme(All) 325

SULAIMAN
Habibul Razzaq – Appellant
Versus
Emperor – Respondent


JUDGMENT

Sulaiman, J. - This is a criminal revision from an order convicting the applicant u/s 384 of the Indian Penal Code. The case, against the accused is to be split up into two parts, although the sentence is one for both the convictions.

2. The first charge against the accused was that he extorted a sum of Rs. 45 and a further sum of Rs. 20 from one Jodha Teli. It appears that the Co-operative Bank had a decree against one Behari, Brahmin and others. In execution of this decree the amin was sent to the village to attach property belonging to the judgment-debtors. Mr. Tandon, the Assistant Manager, the present accused, who is the Secretary of the Society, and the auditor of the Bank also appear to have accompanied the amin to the village. It is said that on the 29th of November, 1921, the accused pointed out certain crops as belonging to the judgment-debtors, and on the crops having been so pointed out, the amin attached them. The document signed by the amin shows that the crops were pointed out by the Assistant Manager as well as by the Secretary. The paper was signed by the Assistant Manager, admitting that he pointed out the crops, but was signed by the Secretary as a witness

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