RAMANLAL MOHANLAL PANDYA Vs. SATE OF BOMBAY

JUDGEMENT

(1.) This is an appeal against the judgment and order of the High Court of Bombay confirming the conviction of the appellant for an offence under S. 161, I. P. C., for accepting a bribe of Rs. 250/- on June 24, 1954.

(2.) The appellant was a Police Prosecutor at Anand in the District of Kaira. On July 21, 1953 one Fatesing Somabhai and others brought a complaint against Ramanbhai Harmanbhai of village Ajarpura, the complainant. On the following day the complainant brought a counter-complaint against Fatesing Somabhai and others. The police filed charge sheets in both cases. The cases dragged on and nothing happened till June 17, 1954 when there was a talk of a settlement and compounding the complaints. Complainant Ramanbhai Harmanbhai was prepared to pay a sum of Rs. 100 but Fatesing Somabhai and others demanded Rs. 200 and therefore the talks were unsuccessful. Thereafter three witnesses were examined on June 17, 1954 and the cases were adjourned to June 24, 1954. The appellant was conducting the prosecution on behalf of the State. On the same day the complainant was returning to his village and therefore went to the Railway Station Umreth. The appellant was also at the Railway Station and was going to Anand. The complainant met the appellant at the Railway Station and asked the appellant if it was still possible to have the compromise and the appellant told him to come to his house a day before the next hearing and as the complainant did not know his address the appellant gave him his address. On June 23, 1954 at about 9-30 a.m., the complainant went to the house of the appellant and appellant assured the complainant that he need not worry about his case but that he should pay to him Rs. 250 and he would see that he, the complainant, was acquitted. The complainant expressed his inability to pay that sum but the appellant insisted that he would not take anything less and asked the complainant to see him the following morning between 8 and 9 O'clock. The complainant then went to one Ramanbhai Shankarbhai, the Secretary of the Taluka Congress Committee Anand and complained to him about the demand of bribe from him Ramanbhai Shankarbhai introduced the complainant to Sub-Inspector Kantilal Patel of the Anti-corruption Branch at Surat and the complainant told him about the demand of the bribe. Sub-Inspector Kantilal Patel went to Dy. Superintendent of Police Pandya of the Anti-Corruption Branch and told him of the complaint of the complainant whereupon the Dy. Superintendent of Police Pandya came to Anand along with Sub-Inspector Kantilal Patel and the next morning the Dy. S. P. Pandya called the complainant and took down his complaint. Two Panch witnesses Mohanbhai Shankarbhai and Rambhai Dahyabhai were also called and in their presence the complainant was searched and the Dy. S. P. Pandya gave him Rs. 250 consisting of two currency notes of Rs. 100 each and five currency notes of 10 rupee each. One of the panch witnesses Mohanbhai Shankarbhai was asked to accompany the complainant to the house of the appellant. Both the complainant and the witness went to the house of the appellant and they were followed by two Sub-Inspectors Kantilal and Rathod and Dy. S. P. Pandya. There money was paid by the complainant to the appellant who after accepting these notes from the complainant put them in the pocket of his shirt. On a pre-arranged signal being given the police officers and the other panch witness Rambhai Dahyabhai rushed into the house of the appellant. Sub-Inspector Kantilal caught hold of the hands of the appellant and the Dy. S. P. Pandya asked the appellant to produce the money which he had received from the complainant. At first the appellant was reluctant but when Dy. S. P. Pandya showed him his identity card he took the money from his shirt-pocket and threw it on the ground. The currency notes were picked up by Mohanbhai Shankarbhai and numbers were found to be the same as on the notes which had been given by Dy. S. P. Pandya. The appellant was then was the prosecuted under S. 161, I. P. C.

(3.) The defence was that the case had been started against the appellant at the instigation of one Tribhuwandas and a lawyer Bhailalbhai with whom it was alleged there was an enmity. The appellant denied the meeting at the Railway Station as well as the going of the appellant to his house on the 23rd. The case was that on the morning of June 24, 1954 he, the appellant, was sitting with his father and one Dr. Mangaldas and the complainant accompanied by another person came to his house and enquired whether his case would be taken up on that day and when the appellant told him that the case would be taken up the complainant asked him to come out and when he went out the complainant started talking with him and went on talking for about 7 or 8 minutes. After that the complainant produced a bundle of currency notes and asked the appellant to accept them. The appellant then gave a slap which struck the complainant on his hands and the notes fell down. Meanwhile the other persons arrived and surrounded the appellant and made him sit on a chair and then he became unconscious.