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PETITIONER: RAGHUBANSH LAL
Vs.
RESPONDENT: THE STATE OF U. P.
DATE OF JUDGMENT: 20/02/1957
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. JAGANNADHADAS, B. IMAM, SYED JAFFER MENON, P. GOVINDA
CITATION: 1957 AIR 486 1957 SCR 696
ACT: Criminal Trial-Knowingly framing record in incorrect manner -Intention to cause loss or injury-Indian Penal Code, s. 218.
HEADNOTE: The appellant, being a Patwari, was found to have made an incorrect en try regarding possession over certain disputed plots in the khasra for the year 1358 F, and was convicted under s. 218 of the Indian Penal Code. Held, that in order to sustain a conviction under s. 218 of the Indian Penal Code it is not sufficient that the entry is incorrect, it. is essential that the entry should have been made with intent to cause, or knowing it to be likely to cause, loss or injury to some person. The incorrect entry in regard to the year I358 F. could not cause any loss to the complainant as alleged in the charge, because when the entry was alleged to be made the case under s. I45 Of the Criminal Procedure Code had already been decided and it could not confer hereditary tenancy on the person recorded to be in occupation in the year I358 F. as s. 16 of the U.P. Zamindari Abolition and Land Reforms Act benefited persons recorded to be in possession in the year I356 F. and not the year I358 F.,