- (1.)The applicant Pandita ex-constable was in three eases convicted Under Section161, Penal Code and sentenced to undergo consecutive terma of 6 months, 4 months and 8 months respectively and to pay respective fines of Es, 50, Bs. BO and BSection 100 by the First Class Magistrate, Raipur. These three cases are Nos. 22, 23 and 24 of 1947 and in them Seth Nagarmal was convicted and sentenced to undergo consecutive terma of 6 months, i months and 8 months respectively and to pay respective fines of us, 100, RSection 100 and Rs. 200 Under Section 161 read with Section 109 ibid. In criminal case No, 23 of 1947, Om Prakash wa3 convicted and sentenced to undergo 4 months rigorous imprisonment and to pay a fine of BSection 100 Under Section 161 read with Section 109 ibid, while in criminal case No. 24 of 1947 Bansidhar was convicted and sentenced to undergo 8 months rigorous imprisonment and to pay a fine of Rs. 200 under the same provisions. In appeal the Sessions Judge, Raipur, set aside the convictions and sentences in Criminal cases Nos. 22 and 23 of 1947, but in criminal Case No. 24 of 1947 the convictions and sentences were upheld. Pandita has now come up in revision to this Court and with his application will be considered criminal Revision No. 487 of 1948 filed by Nagarmal and Bansidhar.
(2.)The prosecution case was, briefly stated, as follows. Pandita, who was a police constable attached to the Kasdol police-station, Baloda Bazar tahsil, Eaipur district was on leave for a month from 11th June 1946 and he halted on 6th July 1946 from 10 a. m. to 1 p. m. at the house of Nathmal (P.W. 2) at mauza Gangai. Having misrepresented that he was going on duty to supervise the bazar arrangements at Bazarbhata and Lawan, he went away; and while he was being carried in a ferry across the Sheonath river in order to go to mauza Kukridih Kala, he met Jhumak (P.W. 3), Dashrath (P.W. a) and Mabadoo (P.W. 5), who were carrying 5 pieces of dhoti, and learned from them that they had purchased them from tbe applicant Seth Nagarmal of Kukridih Kala for Bs. 23-10-0 of which three cost Bs. 5 each and the remaining two Es. 4-6-0 each.
(3.)Pandita noticed from the prices printed on the cloth that the vendees had been over charged BSection 10.14-0. He took them back to Kukridih Kala and after he had a talk with Beth Nagarmal and others directed the vendees to see him next morning in order to go to Mastery police-station to make a report there. He took from them the 5 dhotis and Rs. 6-6-0 which Seth Nagarmal had given them as change from the sum of Rs. 30 paid by them. During the evening, Pandita met Seth Nagarmal with the consequence that on the following morning he told the vendees that no offence had been committed and returned the dhotis to them. There, after, he returned to mauza Gangai and was followed by the vendees and others. At Gangai some persona complained to Nathmal (P.W. 2) of Pandita s failure to make a report and when he broached the matter to Pandita, the latter admitted that he had received Bs. 90, a carpet and 2 bed-sheets on account of his failure to report the matter.