The peon was, however, prevented by the appellant from going to the place where the account books had been taken and in the scuffle which ensued between the two, the orderlys shirt was torn.
812 of 1960 and 76 of 1959 respectively.
Appeals by special leave from the judgments and orders dated November 1 and September 1960 of the Patna High Court in Cr.
35 and 36 of 1961.
Mr. Singh found that two sets of account books were kept in the shop.
He took them up and started looking into them.
Tile appellant snatched away both the books from him, passed them on to one of his servants who made them over to another servant who was on the upper floor.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
Sarjoo Prasad and K. K. Sinha, for the appellants.
Mr. Singh directed his orderly peon to recover the books.
Revisions Nos.
At that time the appellant Hazari Lall was in the shop.
Thereafter Mr. Singh went to the police station to lodge a companyplaint.
The facts which are number in dispute are as follows On the evening of October 29, 1957, Mr. Bhupendra Narain Singh, Assistant Superintendent of Commercial Taxes, Patna Sadar circle, paid a surprise visit to the shop of Hazari Lall Co., in Barah town in order to inspect the books of accounts maintained by the shop.
The judgment of the Court was delivered by MUDHOLKAR, J. This is an appeal by special leave from the judgment of the High Court of Patna upholding the appellants companyviction under s. 353, Indian Penal Code and the sentence passed against him.
P. Varma, for the respondents.
September 27.
