RAM SARAN SHARMA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal is against the judgment dated 23/12/1981 passed by the then Special Judge, Dehradun in a bribery case, Special Trial No. 2/1981, State v. Ram Saran Sharma, P.S. Kotwali District, Dehardun under Sections 161, IPC and 5(2) read with Section 5(l)(d) of Prevention of Corruption Act, 1947.

(2.) Briefly stated facts are as follows: Appellant Ram Saran Sharma was posted as ASI (M), Record Keeper in the Superintendent of Police Office, Dehradun on 15.10.1979. Surya Prakash Agarwal was in need of certified copy of postmortem report of his father Mithan Lal to facilitate drawal of money deposited in bank and Post Office in the name of the said deceased. He gave an application dated 8.10.1979 to Superintendent of Police, Dehradun for supply of the copy of the postmortem report and deposited copying fee of Rs. 10/- on 9.10.1979. On 12.10.1979 he went to the said Record Keeper (appellant) for delivery of copy of postmortem; but was told to come on 15.10.1979 and to bring a sum of Rs. 15/-. Complainant was not willing to pay Rs. 15/- as bribe and, therefore, gave a report (Ex. Ka. 7) to the Superintendent of Police, Vigilance Department, Dehradun on 12.10.1979 with a request that he wants the Record Keeper to be arrested red-handed while accepting bribe of Rs. 15/-.

(3.) On 15.10.1979 Superintendent of Police, Vigilance Department, Dehra-dun directed Inspector Sri Kali Ram of the department to make necessary inquiries and take action for laying a trap, if found necessary. This endorsement of the Superintendent of Police is (Ex. Ka. 13) on the said complaint.