Decided on April 01,1954

STATE Respondents


- (1.) IN criminal case No. 17 of 1953 the Special Judge has convicted Tarlok Nath under Section 165-A of the Indian Penal Code, hereinafter referred to as the Code, and Pritam Singh under section 165a read with S. 116 of the Code and has sentenced each of them to suffer rigorous imprisonment for six months.
(2.) TARLOK Nath and Pritam Singh appeal from their conviction and the sentence imposed upon them. Pritam Singh is the appellant in Criminal Appeal No. 100 of 1954 while Tarlok Nath is the appellant in Criminal Appeal No. 11c of 1954.
(3.) BRIEFLY summarised the facts of the prosecution case are these: On 13-12-1952, Ghasita Ram p. W. 2 borrowed rupees 40/- from Pritam Singh accused on the security of gold rings, Exhibits p. 3 and P. 4, agreeing to pay interest at the rate of six pies per rupee per month. Pritam Singh sub-pawned rings, Exhibits P. 3 and P. 4, with Sain Das D. W. 3. On 29-7-1953, Ghasita Ram paid rupees 48/- on account of principal and interest to Pritam Singh and obtained receipts, exhibits P. W. 1 and P. D. 12. Pritam Singh asked Sain Das to give him the rings for return to ghasita; Ram but Sain Das told him that the rings were lying with his wife who was out of station. Going to the shop of Pritam Singh, Ghasita Ram demanded the return of the rings on the 18th of August, 1953. On that occasion Tarlok Nath and Pritam Singh were present at the shop. Pritam Singh told ghasita Ram that because Sain Das had not returned the rings he was prepared to pay the price of those rings. Ghasita Ram maintained that the rings weighed ten 'mashas' whereas Pritam singh said that their weight was eight 'mashas'. That led to altercation between Ghasita Ram on the one sida and Pritam Singh and Tarlok Nath on the other side. Hearing the 'raula' many persons collected at the shop of Pritam Singh. Head Constable Gurcharan Singh P. W. 1 who was on patrol duty in Katra Kanhayan, Amritsar City, on that day came to the spot accompanied by foot Constables Hans Raj and Gurbachan Singh. Reaching the shop Gurcharan Singh P. W. I heard Ghasita Ram P. W. 2 saying that the rings which he had pawned with Pritam Singh and tarlok Nath weighed ten 'mashas' and Pritam Singh and Tarlok Nath saying that the weight of those rings was eight, 'mashas'. Pointing to the weighing scale, Exhibit P. 1, Ghasita Ram said that there must be some defect in that scale which Pritam Singh had used in weighing the rings. Gurcharan Singh P. W. 1 took weighing scale, Exhibit P. 1, into possession and found the scale to be defective. Gurcharan Singh told Pritam Singh and Tarlok Nath that he would report at the police station that the scale was defective. On this Pritam Singh gave four currency notes. Exhibits P. 2/1 to 4, to Tarlok Nath and asked him to give the notes to Gurcharan Singh P. W. 1 by way of bribe so that he should not report at the police station against them. Gurcharan Singh p. W. 1 took currency notes into possession on the foot of memo. Exhibit P. B. , and took the scale into possession on the foot of memo, Exhibit P. A. 'lambardar' Pritapal Singh P. W. 3 and ghasita Ram P. W. 2 attested memos, Exhibits P. A. and P. B. Gurcharan Singh did not accept the bribe which was offered to him and made report, Exhibit P. C. , at the police station at 7 p. m.;

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