TMI Blog1959 (1) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... h which they were charged and sentenced to one. year's rigorous imprisonment. On appeal the High Court acquitted Khalilur Rahman but maintained the conviction and sentence of the appellant. The facts of this appeal are that on May 9, 1952, the complainant Narendra Nath Brahma was taking two carts carrying 25 Mds. of paddy for sale to Billashiparabazar along the path which runs by the side of the river Gauranga. When he had gone only a short distance he was stopped by the paddy-checking Inspector, Khalilur Rahman, who was accompanied by the appellant and three others. Khalilur Rahman demanded ₹ 200 as bribe and threatened the com- plainant that unless the amount demanded was paid his cart and paddy would be seized. In this he was s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant and Khalilur Rahman went aside and had some talks and coming together accused Khalilur Rahman demanded ₹ 200 . He also stated I told them that I managed to procure ₹ 80 somehow and I wanted to hand over to accused Khalilur Rahman who directed me to hand over to accused Faguna, saying he would take counting, accused Faguna counted the money and then made over the entire money to accused Khalilur Rahman saying that ₹ 80 would not do and I should execute a handnote for the balance of ₹ 70 promising to pay on the following Saturday . According to the complainant it was Khalilur Rahman who tore out a page from his note book and handed over the same to the complainant and also lent him his founta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce fell under s. 165A and therefore he held the appellant guilty under that section. Thus according to the learned Judge the case against Khalilur Rahman was not proved and as money had been paid to the appellant he was guilty of abetment under s. 165A, Indian Penal Code. The appellant has come to this Court by special leave. The main argument raised on behalf of the appellant is that as Khalilur Rahman has been acquitted, on the facts and circumstances of this case the conviction of the appellant for abetment cannot be sustained. The evidence of the complainant on which the conviction is based was that the money was demanded by Khalilur Rahman and at his instance it was made over to the appellant who counted the money and handed it over t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted. Abetment is defined in s. 107 arid a person abets the doing of a thing when (1)he instigates any person to do that thing or (2)engages with one or more other person or persons in any conspiracy for the doing of that thing....... or (3) intentionally aids, by any act or illegal omission the doing of that thing. Explanation (2) to s. 107 is as follows:- Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act. It is not suggested that there was any instigation by the appellant for the commission of the offence. Further the circumstances proved against the appellant did ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be believed regarding the main facts and that they correctly named all seven accused as the assailants. On that finding the conviction under section 302 read with section 149 can be sustained. We accordingly uphold these convictions. The acquittals in the other three cases will of course stand but the mere fact that these persons have, in our opinion, been wrongly acquitted cannot affect the conviction in other cases . In that case although the High Court had acquitted three accused persons of an offence under s. 302 read (1) [1902] 2 K.B. 339. (2) [1955] 2 S.C.R. 881. (3) [1954] S.C.R. 145. with s. 149, Indian Penal Code, yet as in the opinion of this Court the acquittal was wrong s. 149 was held applicable in the case of four othe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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