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Criminal Appeal No.1009 of 1979, heard on 19th September, 1984.

Penal Code (XLV of 1860)--

---Ss. 218, 204 & 409--Accused (Patwari) making incorrect entries in Khasra Girdawari and afterwards to conceal his guilt destroying original Khasra Girdawari--Trial Court acquitting accused under Ss. 204 & 409 on charge of destroying Khasra Girdawari for non-existence of evidence to that effect but convicting him for making unauthorised and incorrect entries in Khasra Girdawari in order to support one person and cause loss to other persons--Khasra Girdawari neither taken into possession by Police nor produced in Court--Accused, having been acquitted of charge of destruction of Khasra Girdawari for want of evidence, held, could not be convicted for preparation of incorrect Khasra Girdawari as there was no evidence to that effect either--Accused acquitted in circumstances.

Ch. Muhammad Abdullah for Appellant.

Ch. Muhammad Zafar Yasin for the State.

Date of hearing: 19th September, 1984.

This. criminal appeal arises from the judgment of the learned Special Judge Anti-Corruption, Lahore-I whereby he on 25-6-1979 convicted Nazir Ahmad appellant under section 218, P.P.C. and sentenced him to imprisonment till rising of the Court and a fine of Rs.1,000 in default thereof to further R.I. for six months.

2. The appellant was working as Patwari. The charge against him was that in order to favour mite Ghulam Qadir, the appellant made incorrect entries in Khasra Girdawari and when the matter came to the notice of the higher authorities, he destroyed the original Khasra Girdawari. He denied the charge and claimed to be tried.

3. To prove its case, the prosecution examined eight witnesses. Ch. Nazir Ahmad Tehsildar P. W.1 stated that when he asked the appellant to produce Khasra Girdawari of Halqa Romal Jattan for the year 1972-74, the appellant failed to produce the same stating that the same was with EASO. Mr. Riaz Hussain in connection with enquiry about the correctness of entries therein. Muhammad Siddiq P. W.2 is stenographer. The photostat copy of the report of Ch. Nazir Ahmad Tehsildar was taken into possession by the Police in his presence. Malik Riaz Hussain Assistant Commissioner P.W.3 stated that the appellant had made some unauthorised changes in the Khasra Girdawari on the direction of Chief Minister Revenue Minister. He had conducted enquiry into the matter. Hassan Muhammad A.S.I. P.W.4 partly investigated the case. Muhammad Yaqoob Patwari stated that he succeeded the appellant who did not hand over Khasra Girdawari of the year 1971-74 of village Romal Jattan. Muhammad Abdullah Iqbal P.W.6 stated that he sent letter Exh. P.F. to the Superintendent of Police for the registration of case. Asghar Ali P.W.7 had recorded the statement of the witnesses. Muhammad Aslam P.W.8 stated that the appellant had succeeded him and that he had prepared charge list and that the charge report was Exh. P.W.8/A.

4. When examined under section 342, Cr.P.C., the appellant denied the incriminating circumstances and did not lead any evidence in defence.

5. The learned counsel submits that the prosecution has failed to prove the preparation of false record by the appellant. Conversely, the learned counsel for the State has supported the judgment of the learned trial Court.

6. I have considered the arguments advanced by the learned counsel for the parties with care. I think that the trial Court in para No.4 of its judgment has stated that there was no evidence that the appellant had destroyed the Khasra Girdawari and as such acquitted him of the charges under section 204/409, P.P.C. In para. No. 5 of its judgment, the trial Court has stated that the prosecution has been able only to establish that the accused made unauthorised and incorrect entries in the Khasra Girdawari in order to support Ghulam Qadir and cause loss to persons actually tilling that land. In view of the above stated findings of the trial Court I am of the view that after having held the appellant not responsible for the destruction of the Khasra Girdawari, there was no factual and legal justification to hold him guilty for preparation of incorrect Khasra Girdewari. Neither the Khasra Girdawari was taken into possession by the police nor produced In the Court, there was no evidence of the preparation-of wrong entries in favour of Ghulam Qadir.

7. For what has been stated above, the prosecution has failed to prove a case punishable under section 218, P.P.C. against the appellant. Giving him the benefit of doubt, he is acquitted of the charge.

S.A

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