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Judgment
Petheram, C.J. and Beverley, J.—The only real question in this case is whether a person nominated by a Collector u/s 69 of the Bengal Tenancy Act; for the purpose of making a division of crops between the landlord and the tenant is a public servant within the meaning of the Penal Code. We think that he is not. He does not fulfil any of the characteristics of a public servant as defined by the law. His mere office is to go down on the nomination of the Collector and appraise and make a division of the crops as between two private persons who are to pay him (or his services. Under these circumstances, we think that this conviction should not be sustained, and this rule should be made absolute to set it aside.