RAVISHANKER KESHAVJI DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of the judgment and Order passed on 22-4-1964 by Mr. N. B. Desai, Special Judge, Rajkot whereby the accused-appellant came to be convicted and sentenced to suffer rigorous imprisonment for four months and to pay a fine of Rs. 500 in default to suffer further rigorous imprisonment for four months in respect of offences punishable under Section 161 of the Indian Penal Code and under Section 5(2) of the Prevention of Corruption Act.

(2.) The accused-appellant was serving as a Medical Officer, Government City Dispensary at Morvi during the period from May to July 1963. He was class III Officer and was in charge of an out-door dispensary. On the upper storey of the dispensary-building, he had his residential quarters. The dispensary was a free dispensary for all people and that its working hours were 8-30 a.m. to 12-0 p.m. and from 4-0 p.m. to 6-30 p.m. On 6-5-1963 one Natvarsinhji alias Natubha Mansinhbhai of Derala had gone to Morvi along with his servants Husein and Narubha for getting his tractor repaired. They had gone to Prabhat Garage for getting that work done, and then in the afternoon Natubha went to the place of witness Merubha (Ex. 23) for taking some rest. After taking tea at about 4-0 p.m. he went to Prabhat Garage and while he was there, at about 6-0 or 6-30 p.m. he fell suddenly ill and became unconscious. He was consequently taken to the City Dispensary of which the accused was in charge. He was taken there in a taxi by his servants and Merubha and while he was in the taxi the accused appellant examined him and gave him some treatment. In the meantime, Balubha, on receipt of some message from Merubha about the illness of Natubha, came up there and on inquiring about the condition of Natubha from the accused, he was told that his condition was serious and that there were hardly any chances for him to survive. Consequently they told the accused that they would like to take him to his place at Derala as his family was there. The prosecution case was that the accused told them that as his condition was serious and might be on the way, he would be required to inform the police and that he may have, in the event of his death, to perform postmortem examination, and consequently he cannot allow Natubha to be taken away without informing the police. Balubha requested the accused that there was nothing suspicious about his illness and that since he had taken ill at Prabhat Garage, he should be allowed to be taken to his house at Derala. While agreeing to his suggestion, the accused is said to have demanded an amount of Rs. 50 for him, and Rs. 5 for his compounder. Since Merubha had no money with him, Balubha (Ex. 9) gave the amount of Rs. 55 to the accused. Narubha then was taken in the same taxi to Derala by Merubha, and some time after reaching home, he died that very night at about 10-40 p.m. That taxi was sent back to Morvi for giving information about Natubha's death to Merubha's parents. The taxi-driver Ranmal also informed Balubha about it as well. Natubha was cremated on the next morning. That day Merubha showed Balubha, a chit written by Juvansinh, the uncle of deceased Natubha on one Gokaldas Pragji for payment of Rs. 500 to him. Out of the amount of Rs. 500 received by Merubha, Rs. 55 were paid to Balubha as an amount that was paid by him to the accused on account of Natubna previous evening and another sum of Rs. 55 as taxi charges to the taxi driver Ranmal. The balance of the amount of Rs. 390 was returned by Merubha to Juvansinh. The first part of the charge (Ex. 6) relates to the accused, being a public servant, having accepted Rs. 55 on 6-5-1963 as a gratification other than his legal remuneration as a motive or regard for discharging Natubha from the hospital and to avoid post mortem examination so as to be liable for an offence under Section 161 of the Indian Penal Code and also under Section 5(2) of Prevention of Corruption Act. Be it said here that this part of the charge is held not established against the accused in the case.

(3.) Deceased Natubha was insured in the sum of Rs. 5,000 with the Life Insurance Corporation of India as per Insurance Policy Number 14077718 and his heirs had to make a claim for the insurance amount due under his policy from the Corporation. Some forms were obtained for that purpose and they were sent, by Juvansinh, the uncle of deceased Natubha, to Balubha at Morvi for doing needful in the matter. The Form (Ex. 10) was to be filled in and signed by the Medical Officer who had last attended upon Natubha's illness. On 12-7-1963 at about 1-0 or 1-30 p.m. Balubha accompanied by the Field Officer Shri Harilal Sanghvi (Ex. 18) went to the house of the accused. Balubha then requested the accused to fill in the Form (Ex. 10) as he had treated Natubha last just before his death which took place on the night of 6-5-1963. After some hesitation, the accused dictated the contents to be filled in the blank portions of the printed form and he put his signature thereon. The case of the prosecution then was that he did not put his seal below his signature on that form and took Balubha inside the adjacent room and told him that he would give him the form, after he was paid Rs. 50 duly signed and sealed. Balubha told him that he did not have that amount with him and that he would have also to consult the uncle of the deceased Natubha for that purpose. So saying, Balubha came in the front room and then Balubha and the Field Officer Shri Sanghvi left his place. On the way Mr. Sanghvi was told about the amount of Rs. 50 demanded by the accused from him. He, however, asked him to act as he thought proper. It appears that since Balubha had some urgent work he had gone to Bombay, and after his return to Morvi on 26-7-1963 he went to Derala on 29-7-1963. He in-formed Juvansinh (Ex. 35) about the demand of Rs. 50 made by the accused for filling up the insurance claim Form as required. Juvansing, however, told him that while the demand was not proper, he asked him to do whatever he thought proper. Juvansinh paid a sum of Rs. 50 to Balubha for that purpose. Then on the next day i.e. on 30-7-1963 the accused met Balubha in the Bazar. The accused inquired from him as to why he had so far not taken away the Form and Balubha told him that there was some delay as he had gone to Bombay. The accused thereupon told him that he should see him next morning and take away the Form by paying the amount.