Case: Ganga Prasad &amp; Others Vs. State of Bihar

over-writing not only on these but on several other figures as well. It was their further case that two bags of rice had been wrongly recorded under the column for "peas" and that the correct figure with regard to the arrival of bags of rice in the godown on 9th August was 1209. The learned Magistrate accepted the prosecution case which was based on the copies of Exs. 1 and 1/1 attested by a Magistrate and marked as Exs. 15/3 and 15/2. The Magistrate does not appear to have looked at the other documents including the stock book and the cart register to see whether there were any discrepancies between the figures as recorded therein and those made out by the appellant in Exs. 1 and 1/1 under the instructions of the District Supply Officer. He held that the prosecution had proved its case with regard to the 72 bags and convicted the appellants as stated above.5. As the High Court dismissed the revision petition summarily we have not had the benefit of its judgment or the reasons which impelled the High Court to turn down the contention of the appellants. Before us counsel for the appellants contended that although Ex. 1 and the attested copy thereof Ex. 15/2 appear to contain manipulations these could not have been done by the appellants or for their benefit. Ex. 1/1 which shows the total stock of food grains in the godown contains various figures in three columns under the head "rice". The figures in these three columns add upto 1330. There is no suggestion of any interpolation, so far as these figures are concerned. Ex. 10 the cart register which records the different quantities of food grains received at the godown by truck or cart on 9-8-1965 contains 16 items, the total whereof comes to 1207. There is no dispute that on 8th August there were in stock 121 bags of rice. If the appellants case with regard to two bags of rice wrongly recorded as peas be accepted, the total number of bags of rice in the godown on 9th August when the inspection was made by the Supply Officer comes to 1330. This fits in with appellants case as made in the petition presented to the Sub-Divisional Officer, Sadar, Arrah on 21st September 1965 showing that there were 1330 bags of rice in the godown on 9th August and that 309 bags of rice had been sold in between 9th August and 12th August when a stock of 1021 bags was seized. The appellants prayed for release of the entire stock of food grains with the exception of 72 bags of rice i.e., the subject-matter of the complaint. They expressly stated that 949 bags (1021-72) of rice should be released. Before us there was no challenge with regard to these figures and counsel for the respondent was unable to point out any flaw in the argument advanced on behalf of the appellants that the books of accounts of the appellants disclosed that all the bags of rice stored in the godown had been duly accounted for and that the total of 1137 bags as recorded in Ex. 1 was only due to an error in adding up the different figures. The figures culled from the stock register, the cart register and the evidence adduced in the case leave no room for doubt that the appellants version was the correct one and that they had not failed to account for the presence of any bags of rice in their godown on 9th August. It did however appear to us by a look at the original of Ex. 1 as compared with the attested copy of Ex. 15/2 that there was some over-writing on the first four figures in the column headed "rice". The appellants could not explain how the figure 1137 was arrived at and counsel suggested that it had crept in through an error. The first four figures under the column "rice" in Ex. 1 excite suspicion and afford room for the contention that there was some interpolation or overwriting. But assuming that the document has been tampered with, it is not possible to hold the appellants responsible for it. The stock register and the cart register taken possession of by the District Supply Officer on August 9, about the genuineness of which no question was raised falsifies the document Ex. 1if the first and the fourth figures be taken as 10 and 81. The appellants did not stand to benefit by over-writing or interpolation in Ex. 1 unless they could also make similar interpolations or over-writing in the stock register and the cart register.6. We accept the case of the appellants that the stock of rice in the godown on August 8 was 121 bags and that 1209 bags were received by trucks or carts on 9th August including two bags of rice which were wrongly recorded as peas. We also accept the appellants case that there were 1330 bags of rice in stock on 9th August and that 1021 bags constituted all the stock of rice in the godown when the seizure of the food grains took place on 12th August. These being the correct figures there was no need for the appellants to make any interpolations in Ex. 1. In our opinion, the evidence points to the manipulations having been made while the document was in the custody of the Supply Officer or his department and the filing of a copy of Ex. 1 as interpolated before attestation by a Magistrate was with a sinister motive. We cannot also fail to record that the withholding of the books of account of the appellants for a space of more than two months was not justified on the facts of the case. It appears to us that a false case was deliberately launched against the appellants and that the manipulation in Ex. 1 accounts for the delay in the filing of the complaint after the seizure of the stock.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]5. As the High Court dismissed the revision petition summarily we have not had the benefit of its judgment or the reasons which impelled the High Court to turn down the contention of the appellants.Before us counsel for the appellants contended that although Ex. 1 and the attested copy thereof Ex. 15/2 appear to contain manipulations these could not have been done by the appellants or for their benefit. Ex. 1/1 which shows the total stock of food grains in the godown contains various figures in three columns under the head "rice". The figures in these three columns add upto 1330.There is no suggestion of any interpolation, so far as these figures are concerned. Ex. 10 the cart register which records the different quantities of food grains received at the godown by truck or cart oncontains 16 items, the total whereof comes to 1207. There is no dispute that on 8th August there were in stock 121 bags of rice. If the appellants case with regard to two bags of rice wrongly recorded as peas be accepted, the total number of bags of rice in the godown on 9th August when the inspection was made by the Supply Officer comes to 1330. This fits in with appellants case as made in the petition presented to theOfficer, Sadar, Arrah on 21st September 1965 showing that there were 1330 bags of rice in the godown on 9th August and that 309 bags of rice had been sold in between 9th August and 12th August when a stock of 1021 bags was seized. The appellants prayed for release of the entire stock of food grains with the exception of 72 bags of rice i.e., theof the complaint. They expressly stated that 949 bagsof rice should be released. Before us there was no challenge with regard to these figures and counsel for the respondent was unable to point out any flaw in the argument advanced on behalf of the appellants that the books of accounts of the appellants disclosed that all the bags of rice stored in the godown had been duly accounted for and that the total of 1137 bags as recorded in Ex. 1 was only due to an error in adding up the different figures. The figures culled from the stock register, the cart register and the evidence adduced in the case leave no room for doubt that the appellants version was the correct one and that they had not failed to account for the presence of any bags of rice in their godown on 9th August. It did however appear to us by a look at the original of Ex. 1 as compared with the attested copy of Ex. 15/2 that there was someon the first four figures in the column headed "rice". The appellants could not explain how the figure 1137 was arrived at and counsel suggested that it had crept in through an error. The first four figures under the column "rice" in Ex. 1 excite suspicion and afford room for the contention that there was some interpolation or overwriting. But assuming that the document has been tampered with, it is not possible to hold the appellants responsible for it. The stock register and the cart register taken possession of by the District Supply Officer on August 9, about the genuineness of which no question was raised falsifies the document Ex. 1if the first and the fourth figures be taken as 10 and 81. The appellants did not stand to benefit byor interpolation in Ex. 1 unless they could also make similar interpolations orin the stock register and the cart register.6. We accept the case of the appellants that the stock of rice in the godown on August 8 was 121 bags and that 1209 bags were received by trucks or carts on 9th August including two bags of rice which were wrongly recorded as peas. We also accept the appellants case that there were 1330 bags of rice in stock on 9th August and that 1021 bags constituted all the stock of rice in the godown when the seizure of the food grains took place on 12th August. These being the correct figures there was no need for the appellants to make any interpolations in Ex. 1. In our opinion, the evidence points to the manipulations having been made while the document was in the custody of the Supply Officer or his department and the filing of a copy of Ex. 1 as interpolated before attestation by a Magistrate was with a sinister motive. We cannot also fail to record that the withholding of the books of account of the appellants for a space of more than two months was not justified on the facts of the case. It appears to us that a false case was deliberately launched against the appellants and that the manipulation in Ex. 1 accounts for the delay in the filing of the complaint after the seizure of the stock.