KRISHAN LAL Vs. STATE,

JUDGEMENT

(1.) THE appellant was employed as a lower division clerk in the Excise Department.

(2.) THE narration of events is contained in the deposition of P.W. 8 Mahabir Singh. It is alleged that the appellant contacted him on the 2nd of March, 1968. There was a subsequent contact on the 9th and the sum total of the testimony on that aspect is that P.W. 8 was apprised by the appellant of the circumstances in which money orders were to emanate from the Employees State Insurance Corporation which were to bear addresses within the beat of P.W. 8 (Postman Beat No. 65) and were to be received fictitiously offering to the postman a sum of Rs. 20/ - or 22/ - per money order. There was an element of conspiracy in the negotiations between the appellant and P.W. 8. P.W. 8 is stated to have informed Inspector Ashok Kumar who has appeared as P.W. 11 at the trial. He in turn informed his higher authorities. The venture was not discouraged.

(3.) THE ultimate occurrence in consequence whereof the appellant was tried on four distinct charges took place on the 8th of March, 1968. Before that date the postmaster had on the 7th of March, 1968, addressed a communication which gave birth to the raid in which P.W. 15 Shri B.R. Handa a Deputy Superintendent of Police, and P.Ws. 9, 10 and 14 participated. P.Ws. 9 and 10 Shri M.L. Sharma and Shri Ram Rakha Mal were functioning during those days as Assistant Settlement Officers in Jaisalmer House. P.W. 14 who investigated the case was the author of the raiding party. Information had been furnished by the Postmaster by enclosing along with his communication the statements in writing made by P.Ws. 8 and 11. He has argued at one stage that the information as given by the Postmaster constituted the first information report. The events of the 8th of March, 1968, took place subsequently. Information given prior to that date could not have been the first information report regarding them. It is true that the communication sent by the Postmaster disclosed that there was a conspiracy but then it is Exhibit P.W. 14/B which details the events of the 8th of March, 1968, and can be termed as the first information report.