BHUPESH DEB GUPTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is by special leave against the judgment of the Judicial Commissioner at Agartala convicting the appellant, Bhupesh Deb Gupta of an offence under S. 161, I. P. C. and sentencing him to a fine of Rs. 200/.

(2.) Pending appeal in this Court, the appellant died and his widow brought on record as the legal representative of Bhupesh Deb Gupta, as she was adversely affected by the sentence of fine and conviction under S. 161, as it deprived her of receiving the pay and other allowances which the accused would have been entitled to but for his conviction.

(3.) The accused Bhupesh Deb Gupta alias Erick was working as an Upper Division Clerk in the Tripura Territorial Council in the year 1959. While investigating some other offence, P. W. 1 Shri T. Ganguly who was the Deputy Superintendent of Police in Tripura in 1963 came across certain postal envelopes in the office of the Chief Executive Engineer which disclosed that the accused was receiving bribes. After investigation, the accused was charged with various offences. In this appeal we are only concerned with the charge that the accused received a sum of Rs. 75/- from Nikhil Chakraborty as gratification as a motive or reward for showing favour to him and that on or about 2nd December, 1961 he received Rs. 75/- sent by Money Order by Mr. Nikhil Chakraborty on behalf of one Sachindra Dey as gratification for securing service for the said Sachindra Dey.