M O SHAMSUDHIN Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals arise out of a common judgment of the High Court of Kerala in Criminal Appeal Nos. 196/90 and 245/90 filed by the appellants herein C. K. Karunakaran and M. O. Shamsudhin respectively. The two appellants figured as accused Nos. 1 and 2 in C. C. No. 7/ 89 on the file of the Enquiry Commissioner and Special Judge, Thrissoor and they have been found guilty under Section 5(2, read with Section 5(1) (d, of the Prevention of Corruption Act and under Sections 161, read with 120-B, I.P.C. A-1 C. K. Karunakaran was sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- and in default to undergo simple imprisonment for a further period of two months for the offence under the Prevention of Corruption Act and to rigorous imprisonment for one year for the offence under Sections 161, read with 120-B, I. P. C. A-2 M. O. Shamsudhin was sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 500/- and in default to undergo simple imprisonment for a further period of one month for the offence under the Prevention of Corruption Act and to rigorous imprisonment for one year for the offence under Sections 161. read with 120-B, I. P. C. The substantive sentences of imprisonment were directed to run concurrently. The appeals filed by them were dismissed by the High Court. Since it was a common judgment of the High Court in two appeals, A-1 has chosen to tile two appeals i.e. Criminal Appeal Nos. 451-52/91 and A-2 has chosen to file only one appeal i.e. Criminal Appeal No. 553/91. Since common questions arise in these appeals, they can be disposed of together by a common judgment.

(2.) At the relevant time A-1 was the Tehsildar and A-2 was Village Assistant. One Kunjan, deceased father of P. W.1, Rajan applied for patta with regard to 55 cents of Sarkar Porambokku land in Kalur Village. Kunjan had remitted the necessary amount on 25-1-1974 pursuant to a notice. The balance amount of Rs. 42/- was also remitted some time in 1975. After satisfactory compliance of the required formalities, patta was directed to be issued in his favour by the Board of Revenue. Before the patta could be issued Kunjan died. The matter was not pursued till 1987. On 8-6-1987 P. W. I sent P. W. 2, his cousion, to equire about the issuance of the patta. P. W. 2 met A-2 who told him that issuance of patta would entail some expenses and P. W. 2 conveyed the same to P. W. 1 who together with P. W. 2 met the accused at their office when a demand for bribe of Rs. 500/- was reportedly made. P. W. 1 thought it was improper to give the bribe. He therefore filed a complaint Ex. P.4 before P. W. 11, Dy. S. P. Vigilance in the presence of P. W. 3, Auditor. District Co-operative Bank and P. W. 4. Inspector of Factories and Boilers. A case was registered, mahazars were prepared and the currency notes were subjected to Phenolphatelin test and the tainted money was handed over to P. W. 1 to be given in turn to the accused on demand. P. Ws. 7 and 8, Vigilance Constables followed P. Ws. 1 and 2 to the office of A-1. P. W. 11 and others were also on the move. According to P. W. 1, he entered the office of A-1 and told him that he had brought the amount asked for. A-1 asked him to give the amount to A-2 who was standing nearby. P. W. 1 gave the amount to A-2 who put the same in his pant pocket. P. W. 2 also was there at that time. P. W. 1 went out and gave singnal. Then all of them including the mediators P. Ws. 3 and 4 went to the office of A-1. P. W. 11 disclosed his identity and P. W. 1 told him that A-2 had received the money as per the instructions of A-1. On being questioned A-2 took out Rupees 500/- from his pant pocket and the numbers of the currency notes tallied. Corner parts of the currency notes and the pant worn by A-2 as well as his fingers were dipped in lime water and the phenolphtalein test proved positive. The necessary panchanama incorporating all the facts was drawn up. The investigation of the crime was partly conducted by P. W. 11 followed by P.W. 12 who succeeded P. W. 11 and after completion of the investigation, the charge-sheet was laid.

(3.) When questioned under Section 313, Cr. P. C., A-1 admitted that on 9-6-1987 P. Ws. 1 and 2 met him in respect of issuance of patta. He, however, denied that he demanded Rs. 500/- by way of bribe. He stated that when P. W. 1 mer him A-2 was not there. He further stated that A-2 met him just five minutes before the trap party entered his room and he also denied that A-2 collected the money as directed by him.