MANPHOOL SINGH Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 15.5.1978 of the Special Judge in Corruption Case No.55/76, whereby the learned Judge vide his order dated 15.5.1978, has held the appellant guilty under Section 5(2) read with Section5(1)(d), Prevention of Corruption Act and Section 342 IPC and 384 IPC as also Section 161 IPC and further by his order dated 18.5.1978 has been pleased to sentence the appellant to undergo R.I. for two years each for offences under Section 161 IPC, Section 384 IPC and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act and to undergo R.I. for one year under Section 342 IPC. He was further sentenced to pay a fine of Rs.500/ - for each of the offence under Section 5(2) read with Section 5(1)(d) of the P.C.Act and under Section 384 IPC and in default of payment of fine to further undergo R.I. for one year on each count. All the substantive sentences of imprisonment were directed to run concurrently.

(2.) I am informed that the appellant, Manphool Singh, has died but his legal representative, namely, Mrs. Misri Devi has been brought on record. Counsel for Mrs. Misri Devi, Therefore, has argued this appeal.

(3.) THE prosecution in order to establish their case examined as many as 18 witnesses. Of these PW -7, 8 and 13 are the complainants. PW -7, Ram Kishore has stated that Radhey Shyam and Om Prakash are his neighbours and on the night intervening 6 -7.8.1975, when they were sleeping in their houses at about 12.30 a.m. two police officials knocked at the door and when it was opened he found Manphool Singh, ASI in uniform, bearing his name plate standing there. He informed him that he was required to accompany him to the police station and he was to be taken into custody under defense of India Rules. Radhey Shyam and Om Prakash who were residing on the first floor were also standing their. They also accompanied PW -7, Ram Kishore to the police Station. While they were enroute the police station, one Shanker was sent to call Ram Prashad, who was the Secretary, Mohalla Committee. He asked ASI Manphool Singh, where they were being taken on which the ASI replied that they were being taken away under the defense of India Rules. PW -7, Ram Kishore, Om Prakash and Radhey Shyam were taken to police station Lahori Gate. At the police station the accused person abused and intimidated them saying that they would be confined under the defense of India Rules and nobody would listen to them for two years and if anything was to be done they should do it now. Thereafter, ASI Manphool Singh demanded a sum of Rs.6,000/ -, stating that otherwise they would be confined under defense of India Rules and the future of their children would be ruined. This witness Along with the others pleaded their inability to pay this amount saying that they were poor men. After an hour or so a settlement of Rs.800/ - was arrived at . This witness further states that they were threatened that, in the event, they gave any information of this incident to anyone, they would be exiled from the illaqa of police station Lahori Gate. Upon this being made clear, Daya Ram, Along with the complainants was sent to the house of PW -7, Ram Kishore, to make payment. Upon a collection undertaken amongst them they were able to come with Rs.700/ - butto make up the balance, Rs.100/ - was procured from Shyamlal, who was living in the neighborhood.