SHIVENDRA KUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the Judgment of the Bombay High Court, Nagpur Bench, in Criminal Appeal No. 426 of 1991 in which the judgment/Order of conviction and sentence passed by the Special Judge at Nagpur in Spl. Case No. 6 of 1987 against the appellant was confirmed.

(2.) The short resume of facts necessary for determination of the points raised on behalf of the parties may be stated thus: On 11-9-1985 Kanayyalal, father of the complainant Gopichand (PW 1) died due to burn injuries. The appellant Dr. Singhal who was then a lecturer in Forensic Medicine Department of the Medical College at Nagpur, conducted the autopsy. Dr. Mukhi (PW-4) a post-graduate student in the Department of Surgery, who was a close friend of Gopichand, was with him when the autopsy was performed. It was alleged that at the time of autopsy, the appellant expressed that he found certain injury marks (contusions) on the person of Kanayyalal and if he mentioned those in the report the case would be a medico legal one. Dr. Mukhi, apprehending that such a report may land his friend Gopichand in difficulty, requested the appellant not to mention the other injuries noticed by him. Thereafter the appellant through Dr. Mukhi asked for a sum of Rs. 5,000/- to be paid to him by Gopichand for omitting the injuries (contusions) found on the person of Kanayyalal. After some negotiation, the amount was fixed at Rupees 1,500/-. Thereafter Gopichand reported the matter to the Anti-Corruption Bureau vide the complaint Exh.-22. Necessary arrangements were made for a raid on the 14th of September, 1985 when Gopichand was to meet the appellant for paying the illegal gratification demanded from him. On 14-9-1985 at about 7.00 P.M. Gopichand accompanied by Dr. Mukhi and Manohar (PW 3) reached the house of the appellant. On the demand made by the appellant Gopichand handed over fifteen currency notes of Rs. 100/- denomination each (amounting to Rs. 1,500/-), which had been chemically treated with phenolphthalein powder. The appellant placed the notes in his left side shirt pocket (Bengali shirt). At that time on getting the signal from Gopichand the Inspector, Aziz (PW-5) and other members of the raiding party, reached the spot, recovered the tainted currency notes from the appellant; fingers of the left hand of the appellant were found to be tainted with phenolphthalein powder. The panchnama (Exh. 31-ii) was drawn up.

(3.) The defence of the appellant was that at the relevant time, while he was engaged in conversation with Dr. Mukhi, Gopichand surreptitiously planted those notes in the left side pocket of his shirt (Bengali shirt) about which he had no knowledge. Further, according to the appellant, when he shook hands with Gopichand at the time of his arrival in his (appellant) house, his left hand had come in contact with phenolphthalein powder.