DURGA DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is an appeal, by special leave, from the judgment of the High Court of Delhi confirming the conviction of the appe1lant for offences under S. l6l, Indian Penal Code, S. 5 (l) read with S. 5 (2) of the Prevention of Corruption Act, 1947 and S. 420, Indian Penal Code, by the Special Judge, Simla, and sentencing him to rigorous imprisonment for a period of one year.

(2.) The prosecution case was as follows. In April, 1964, the accused was posted as a patwari in balca Namhol. Village Pohani falls in that balca. Sudama Ram (PW-l) used to cultivate some land in village Pohani as a tenant under Gujjar (PW-8), who was a gair-maurusi-awal of that land. In the girdawri for Kharif, 1963, the entry about the cultivation of the land was in the name of Sudama Ram. At the time of girdawri of Rabi, 1964, Sudama Ram was not present in the village. When Sudama Ram returned about five days after the girdawri he was told by Nand Lal (PW-2) and others that Gujjar had been shown in the girdawri for Rabi 1964, as being in cultivating possession of the land. Sudama Ram then went to the accused and told him that the entry in the girdawri should be in his name as he had cultivated the land. The accused then stated that he would correct the entry in the girdawri if Sudama Ram paid him Rs. 40/-. Sudama Ram thereupon remarked that he was a poor man and the accused then agreed to receive Rs. 30/from him for correcting the entry in the girdawri. Sudama Ram thereafter went to Gopala Ram (PW-6) and requested him for Rupees 30/- for paying it to the patwari for getting the entry in the girdawri corrected. Gopala Ram said that he had no money but that Sudama Ram should contact the Superintendent of Police, and inform him about the matter. Sudama Ram thereupon filed a written application before the Superintendent of police stating these facts. Sudama Ram was then taken by the Superintendent of Police to Bilaspur. There, three currency notes, PW 1/B to PW 1/D of Rupees 10/- each were handed by the Superintendent of Police to Sudama Ram after noting the numbers of the currency notes and Sudama Ram was told that if the accused demanded Rs. 30/- from him as bribe. Sudama Ram should pay those notes to him. Sub-Inspector Gian Chand (PW-9) was directed to take further action in the matter. A formal First Information Report was prepared or the basis of the application made by Sudama Ram, and a case was also registered.

(3.) After receipt of the currency notes from the Superintendent of Police, Sudama Ram met the accused on April 12, 1964, and told him that he had arranged the money and would pay the same to him on the next day in the village of Dunglu. He then informed Sub-Inspector Gian Chand about the arrangement and went to the village Dunglu and found the accused in the house of Dhani Ram. The accused took Sudama Ram to the back of a cow shed of Dhani Ram and there Sudama Ram handed over the three currency notes to the accused. The accused put them in the pocket of his shirt and placed a handkerchief over those notes. The accused then went inside the house and Sudama Ram left the place and met Sub-Inspector Gian Chand at a distance of about l00 or 150 yards from the house where the accused was camping. Sudama Ram told the Sub-Inspector that he had paid Rs. 30/-to the accused and that the latter had assured him that the necessary correction would be made in the Khasra Girdawri. The Sub-Inspector accompanied by Sudama Ram, PWs-13 and 14 came and found the accused making entries in the girdawri while sitting in the verandah of the upper floor of Dhani Ram's house. The Sub-Inspector searched the person of the accused and recovered the three currency notes from the pocket of the shirt worn by the accused. The numbers of the currency notes were found to tally with those that had been noted by the Superintendent of Police.