Short Note : This appeal is directed against the judgment of conviction of the appellants for the offences punishable under sections 375 reads with sections 148 and 149 of the Indian Penal Code and also for the offence under section 333 of the India Penal Code. The appellants have been sentenced for two years' rigorous imprisonment for the offences under section 325 read with section 149 and 6 months, rigorous imprisonment for the offence under section 148 of the Indian Penal Code. They have been further sentenced to 4 years' rigorous imprisonment for the offence under section 333 of the Indian Penal Code. The appellants are in jail since 31-7-75 as they could not avail of the bail though granted. Held : While challenging the conviction under section 333 of the India Penal Code, it was contended that the story of the prosecution, that the constable, who was injured by the appellants was on duty at the time of incident in Mowad block in which village Chicholi, the place of occurence falls, was doubtful on the facts of the record and appears to have been concocted for giving a serious colour to the occurence. The attention of the Court was drawn to the duty certificate (Ex.P-3). On perusal of the same, I am of the opinion that the contention raised on behalf of the appellant is well founded. It is apparent on the face of the document that there has been an interpolation by adding the name of Mowad block subsequently. It would be significant to mention that according to the version of Shri Ram (PW1), the complainant himself, Khairi Sanwari is a separate block and the village Chicholi falls in the other block. The duty certificate, if read by ignoring the subsequent interpolation, which was conspicuous, mentions Khairi Sanwari block only. Shri Ram (PW1) admitted in para 9 of his statement that he did go towards Khairi Sanwari, but he went towards Mowad. Khairi Sanwari is towards North East, whereas Chicholi is towards west. The villages Khairi and Sanwari are at a distance of 6 miles and 3 miles respectively from Mowad on the opposite side as stated by Badriprased (PW11) the head constable who issued the duty certificate. Under these circumstances, the explanation given that he passed through village Chicholi on his way to Khairi Sanwari is not believable. The villages Khairi and Sanwari are at a distance of 6 miles and 3 miles respectively from Mowad on the opposite side as stated by Badriprased (PW11) the head constable who issued the duty certificate. Under these circumstances, the explanation given that he passed through village Chicholi on his way to Khairi Sanwari is not believable. From the statement of Shri Ram (PW 1), it is apparent that he did not at all go towards Khairi Sanwari. In my opinion, therefore, the necessary ingredient for constituting the offence punishable under section 333 has not been established and the conviction and sentence imposed for the said offence are liable to be set aside. Appeal party allowed.