Case: Prabhu Lal Vs. State of Rajasthan

no reason why Mohammed and Chhote Khan should have given false evidence against the appellant. The only criticism which was levelled on behalf of the appellant against the evidence of Mohammed and Chhote Khan was that both of them stated that while proceeding to Kesarpura from Eklingpura checkpost, they did not come across any checkpost of the State of Madhya Pradesh on the route and this, according to the appellant, showed that they were not telling the truth when they said that the truck proceeded to Kesarpura. We do not think any argument can be built on such a flimsy foundation. It is possible that both these witnesses being illiterate and uneducated coolies, might have forgotten that they passed through a checkpost of the State of Madhya Pradesh on way to Kesarpura or it is quite likely that the might have given this answer because they thought that the question which was being asked to them was in reference to a checkpost other than the one opposite Eklingpura checkpost. We cannot be persuaded to disbelieve the evidence of these two witnesses merely on the basis of this rather inconsequential infirmity. The evidence of these two witnesses clearly shows that the appellant was responsible for loading of sixty bags of wheat on the truck at Kanera, he was in the truck which carried the goods from Kanera to Kesarpura and it was he who unloaded the goods at Kesarpura.9. We have also the evidence of Nazeer Khan, who was the constable in-charge of Eklingpura checkpost on June 25, 1965. He stated in his evidence that the truck driven by Khaju Khan passed through Eklingpura checkpost on June 25, 1965 and at that time, when it was checked, the appellant gave to him the permit Ex. P-2 on which on endorsement was made by the appellant in his own hand and signature on its back was made by him, though he signed as Shankarlal. He also produced the register Ex. P-1 which contained entries signed by Khaju Khan and the appellant. An identification parade was held by the police after the arrest of the appellant and in this identification parade, Nazeer Khan correctly identified the appellant. This evidence also establishes that the appellant was in the truck transporting sixty bags of wheat when it was checked at Eklingpura checkpost.10. The aforesaid evidence is, in our opinion, sufficient to establish beyond reasonable doubt that the appellant transported sixty bags of wheat from Kanera to Kesarpura on June 25, 1965 claiming to do so on the basis of the permit Ex. P-2. The appellant, however, pleaded an alibi and contended that on that day he presided over a meeting of Jaura Gram Panchayat from 8 a.m. to 5 p.m. in his capacity as sarpanch of the panchayat. To establish this alibi the appellant led the evidence of three witnesses, namely, Badri Lal, Mohan Lal and Gopal Lal. The evidence of Badri Lal was totally useless as he did not say that the appellant was present at the meeting of Jaura Panchayat from 8 a.m. to 5 p.m. on June 25, 1965. He merely produced the mutation register showing entries in regard to 13 mutation cases decided at the meeting of the panchayat. He did not even know who was the patwari on that day. Mohan Lal deposed that he was the Secretary of Gram Panchayat, Jaura and produced the minute book of the meeting of the panchayat and stated that he was present at the meeting of the panchayat held on June 25, 1965, but in cross-examination, he was unable even to give the names of the persons who were present at that meeting, nor could he remember when the meeting concerned on that day. The evidence of this witness also, therefore, does not help to establish the alibi of the appellant. Gopal Lal, who was the patwari in-charge of Jaura Circle at the relevant date, was a little more specific than the other two witnesses. He stated that he attended the meeting of Jaura Panchayat on that day and he reached the place of the meeting at 11 a.m. He added that when he reached there, he found that the appellant was present at the meeting and was presiding over the meeting. This evidence would seem to suggest that the appellant was present at the meeting of Jaura Panchayat at 11 a.m. on June 25, 1965, but we do not think it is possible to accept this evidence at its face value. Gopal Lal confessed in cross-examination that this meeting of the Jaura Panchayat held on June 25, 1965 was the only meeting which he attended and that he did not even visit Jaura before or after the date of the meeting. It is indeed strange that he should have been conveniently present only at this crucial meeting. He could not even say who were the other members present at he meeting apart from the appellant. He admitted that Shanker Lal and not the appellant was the sarpanch of Jaura Panchayat and ordinarily it is the sarpanch who decides the mutation cases. He could not explain where Shankar Lal was on that day or how the appellant happened to preside over the meeting of the panchayat or why the mutation cases were all placed before the panchayat for decision. It is interesting to notice - and this was admitted by Gopal Lal - that his circle was Jaura, but if this be so, it is difficult to understand his earlier statement that he did not go to Jaura before or after the date of this meeting. He also admitted that he did not remember any facts in regard to what happened on June 25, 1965 and that whatever evidence he had given was after perusing the register. It will, therefore, be seen that the evidence of Gopal Lal is thoroughly unconvincing and no reliance can be placed upon it. We cannot, in the circumstances, hold that plea of alibi established by the appellant.

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

Explanation:
0[ds]6. Now it is clear from Exs.5, which are the counterparts of the permit Ex.that the permit Ex.was dated June 8, 1965 and it was issued for the transport of sixty bags of rice and not sixty bags of wheat. That is also amply proved from the evidence of A. R. Niazi, District Supply Officer and Harakh Lal, Accountant in the District Supply Officer. It must, therefore, be taken to be established beyond doubtthat the permit Ex.was fraudulently and dishonestly tampered with after it was issued and the figures "18.6.65" was substituted for "8.6.65" and the word gehun was substituted for rice so as to make it appearthat the permit Ex.was issued on June 18, 1965 for transporting sixty bags of wheat. It does not appear from the record as to who was responsible for this dishonest and fraudulent alteration nor were there any charge against the appellant in respect of the same and we need not, therefore, pursue this line ofis the evidence of Madan Lal which clearly show that the appellant was connected with the firm of M/s. Dhanalal Shankarlal and that he played an active role in obtaining the permit Ex.Madan Lal stated in his evidence that he wrote an application for a permit for transport of foodgrain from Kanera to Chittorgarh on behalf of the firm of M/s. Dhanalal Shankarlal at the instance of the appellant and the application was signed by the appellant in his presence for and on behalf of the firm of M/s. Dhanalal Shankarlal. The application for permit, which is Ex.also bears the signature of the appellant on behalf of the firm of M/s. Dhanalal Shankarlal. This part of the evidence of Madan Lal was not challenged on behalf of the appellant inThen there is evidence to show that sixty bags of wheat were loaded in the truck at Kanera at the instance of the appellant. Mohammed, who was the coolie accompanying the truck, stated in his evidence that the appellant had fixed up in advance for loading the truck at Kanera and unloading it at Kesarpura. He said that the truck carrying the appellant, himself and Chhote Khan another coolie reached Kanera at about 5 a.m. or 5.30 a.m. : it was stopped in front of a house and the appellant summoned the man who was incharge of the house and then sixty bags of wheat were loaded in the truck at the instance of the appellant : thereafter the truck proceeded in its journey to Kesarpura and on the way stopped at Eklingpura checkpost for the purpose of checking : after the checking was completed, the truck left Eklingpura checkpost at about 6 a.m. and proceeded to Kesarpura where it unloaded sixth bags of wheat in a field near the school. He added inthat it was the appellant who got the truck unloaded near the Kesarpura school. The same story was repeated by Chhote Khan who also gave evidence on behalf of the prosecution. This evidence given by Mohammed and Chhote Khan was accepted by the High Court and we are unable to say that the High Court was wrong in doing so. There is no reason why Mohammed and Chhote Khan should have given false evidence against the appellant. The only criticism which was levelled on behalf of the appellant against the evidence of Mohammed and Chhote Khan was that both of them stated that while proceeding to Kesarpura from Eklingpura checkpost, they did not come across any checkpost of the State of Madhya Pradesh on the route and this, according to the appellant, showed that they were not telling the truth when they said that the truck proceeded to Kesarpura. We do not think any argument can be built on such a flimsy foundation. It is possible that both these witnesses being illiterate and uneducated coolies, might have forgotten that they passed through a checkpost of the State of Madhya Pradesh on way to Kesarpura or it is quite likely that the might have given this answer because they thought that the question which was being asked to them was in reference to a checkpost other than the one opposite Eklingpura checkpost. We cannot be persuaded to disbelieve the evidence of these two witnesses merely on the basis of this rather inconsequential infirmity. The evidence of these two witnesses clearly shows that the appellant was responsible for loading of sixty bags of wheat on the truck at Kanera, he was in the truck which carried the goods from Kanera to Kesarpura and it was he who unloaded the goods at Kesarpura.9. We have also the evidence of Nazeer Khan, who was the constableof Eklingpura checkpost on June 25, 1965. He stated in his evidence that the truck driven by Khaju Khan passed through Eklingpura checkpost on June 25, 1965 and at that time, when it was checked, the appellant gave to him the permit Ex.on which on endorsement was made by the appellant in his own hand and signature on its back was made by him, though he signed as Shankarlal. He also produced the register Ex.which contained entries signed by Khaju Khan and the appellant. An identification parade was held by the police after the arrest of the appellant and in this identification parade, Nazeer Khan correctly identified the appellant. This evidence also establishes that the appellant was in the truck transporting sixty bags of wheat when it was checked at Eklingpura checkpost.10. The aforesaid evidence is, in our opinion, sufficient to establish beyond reasonable doubt that the appellant transported sixty bags of wheat from Kanera to Kesarpura on June 25, 1965 claiming to do so on the basis of the permit Ex.The appellant, however, pleaded an alibi and contended that on that day he presided over a meeting of Jaura Gram Panchayat from 8 a.m. to 5 p.m. in his capacity as sarpanch of the panchayat. To establish this alibi the appellant led the evidence of three witnesses, namely, Badri Lal, Mohan Lal and Gopal Lal. The evidence of Badri Lal was totally useless as he did not say that the appellant was present at the meeting of Jaura Panchayat from 8 a.m. to 5 p.m. on June 25, 1965. He merely produced the mutation register showing entries in regard to 13 mutation cases decided at the meeting of the panchayat. He did not even know who was the patwari on that day. Mohan Lal deposed that he was the Secretary of Gram Panchayat, Jaura and produced the minute book of the meeting of the panchayat and stated that he was present at the meeting of the panchayat held on June 25, 1965, but inhe was unable even to give the names of the persons who were present at that meeting, nor could he remember when the meeting concerned on that day. The evidence of this witness also, therefore, does not help to establish the alibi of the appellant. Gopal Lal, who was the patwariof Jaura Circle at the relevant date, was a little more specific than the other two witnesses. He stated that he attended the meeting of Jaura Panchayat on that day and he reached the place of the meeting at 11 a.m. He added that when he reached there, he found that the appellant was present at the meeting and was presiding over the meeting. This evidence would seem to suggest that the appellant was present at the meeting of Jaura Panchayat at 11 a.m. on June 25, 1965, but we do not think it is possible to accept this evidence at its face value. Gopal Lal confessed inthat this meeting of the Jaura Panchayat held on June 25, 1965 was the only meeting which he attended and that he did not even visit Jaura before or after the date of the meeting. It is indeed strange that he should have been conveniently present only at this crucial meeting. He could not even say who were the other members present at he meeting apart from the appellant. He admitted that Shanker Lal and not the appellant was the sarpanch of Jaura Panchayat and ordinarily it is the sarpanch who decides the mutation cases. He could not explain where Shankar Lal was on that day or how the appellant happened to preside over the meeting of the panchayat or why the mutation cases were all placed before the panchayat for decision. It is interesting to noticeand this was admitted by Gopal Lalthat his circle was Jaura, but if this be so, it is difficult to understand his earlier statement that he did not go to Jaura before or after the date of this meeting. He also admitted that he did not remember any facts in regard to what happened on June 25, 1965 and that whatever evidence he had given was after perusing the register. It will, therefore, be seen that the evidence of Gopal Lal is thoroughly unconvincing and no reliance can be placed upon it. We cannot, in the circumstances, hold that plea of alibi established by the appellant.