The primary legal principle established in the judgment is that the mukaddam cannot be entirely freed from responsibility by the appointment of a gumashta, and the division of duties between the mukaddam and the gumashta depends on the circumstances of the case.

J K Batte, Esquire—This is an appeal presented on behalf of the Local Government under section 417, Criminal Procedure Code, from the order passed by the Sessions Judge, Chhattisgarh Division, acquitting Manihar Singh, Zamindar of Narra, of an offence under section 176, Indian Penal Code, of which he had been convicted by the Sub-divisional Magistrate, Raipur, and sentenced to pay a fine of Rs. 100.

2. The facts found by the Magistrate are that a woman living in the village of Murpar complained to the villagers that one Itwari had stolen a silver kardhan and Rs. 40 in cash from her. Itwari and the woman were taken to Narra and placed before the accused who is the recorded mukaddam of Murpar. Itwari is the accused's brother-in-law and the accused allowed the offence, if there really was an offence of theft, to be compounded, for he ordered the property to be given back to the woman and made no report of the offence to the police. The Magistrate held that under section 45, Criminal Procedure Code, he was bound to report the theft and convicted him under section 176, Indian Penal Code for failing to give information regarding an offence which he was legally bound to give.

3. The learned Sessions Judge's grounds for acquitting the accused are to be found in the following extract from his judgment:

Accused is the recorded mukaddam of Murpar, but did not reside in the village. There is a resident mukaddam-gumashta, namely the witness Binjhu. It is not proved whether any person has been appointed village-headman under section 45 (3), Criminal Procedure Code, but the same provisions are made in the rules under the Land Revenue Act, under which the accused was presumably appointed mukaddam. The question is whether these rules are intended to apply to nonresident mukaddams when there is a resident mukaddam-gumashta. One man may be the recorded mukaddam of numerous villages, having a gumashta in each, and it seems to me impossible to suppose that the duties imposed on mukaddams are intended to be performed by this man in each village. It appears to me therefore that it was not the accused who was responsible for reporting the theft, but the gumashta Binjhu.

4. It is desirable to mention certain other details which either are admitted or form part of the prosecution case. Murpar is only two miles from Narra, and the alleged theft was originally reported to the resident mukaddam-gumashta of Murpar who is the 3rd prosecution witness. Binjhu or Binjhu who is Thekadar of Murpar, and Binjhu was present at Narra when the case was compounded under the orders of the accused. The accused Manihar Singh is zamindar and mukaddam of 16 villages in the Mahasamund Tehsil of the Raipur District, and there are 16 mukaddam-gumashtas, there being one even for Narra where he resides.

5. It is argued for the appellant that the mukaddam is not absolved from his statutory duties by the existence of a mukaddam-gumashta.

6. I will first examine the provisions of law, or of rules having the force of law, bearing on this question. A portion of section 137 of the Central Provinces Land Revenue Act, XVIII of 1881, runs as follows:

The lambardar of the village shall ordinarily also be the mukaddam. When a lambardar who does not reside in the village is appointed mukaddam thereof, he shall, subject to the approval of the Deputy Commissioner, appoint an agent to perform the duties of a mukaddam. If there are resident co-sharers in the village, the nonresident lambardar shall appoint one of them to be his agent unless the Deputy Commissioner for special reasons allows him to appoint some other person. If a mukaddam fails within a reasonable time to appoint an agent with the approval of the Deputy Commissioner, the Deputy Commissioner shall himself appoint an agent and shall fix the amount of his remuneration, which shall be paid to him by the mukaddam.

An agent appointed under this section shall be deemed to have the powers conferred on, and to be responsible for perform