BHUPATSINH SHIVSINH WAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these appeals arise out of the same incident and involve common questions of law and facts and hence, they are being decided by this common judgment.

(2.) Criminal Appeal No.1278 of 1992 is preferred by the appellant - Bhupatsinh Shivsinh Waghela - original accused No.2 against the judgment and order dated 30.11.1992 passed by learned Special Judge, Sabarkantha at Himmatnagar in Special Case No.1 of 1989 whereby original accused No.2 - appellant herein was convicted for the offence under Section 165-A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three months and fine of Rs.2000/-, in default, to undergo simple imprisonment for six months. Whereas, Criminal Appeal No.43 of 1993 has been preferred by the appellant - original accused No.1 - Khemabhai Dalabhai Singada against the judgment and order dated 30.11.1992 passed by learned Special Judge, Sabarkantha at Himmatnagar in Special Case No.1 of 1989 whereby original accused No.1 - appellant herein was convicted for the offence under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act 1947 and sentenced to undergo rigorous imprisonment for one year and fine of Rs.2000/-, in default, to undergo simple imprisonment for six months and the appellant was also convicted for the offence under Section 161 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and fine of Rs.1000/-, in default, to undergo simple imprisonment for three months.

(3.) The short facts giving rise to the present appeal are that Arjanbhai Savjibhai Patel - the complainant herein was at the relevant time residing at a place - a field known as Signal Kampa, Taluka Khedbrahmma where he had his agricultural land. He had three brothers, namely, Valjibhai Savjibhai, Jethabhai Savjibhai and Devsibhai Savjibhai. Out of 21 acres and 32 gunthas of agricultural land, complainant was in possession of 5 acres and 3/4 gunthas of land while the rest belonged to his brothers. On 21.7.1987, on the sedha of the land of the complainant and his brothers, a bull was found dead which was shot by someone. In connection with the same, the Banjaras had lodged complaint at Exh.34 which was given by Jesaji Bhat and recorded vide CR No.90 of 1987. The accused No.1 came to the house of the complainant and informed him that a complaint has been received wherein it was alleged that the complainant and his three brothers have killed the bull and that statements were required to be taken for which purpose they should go to the Police Station. The accused No.1 asked complainant to be at the police station in the evening at 6.00 O 'clock. Accordingly, the complainant went to the police station in the evening. The accused No.1 then informed him that he and his brothers are required to be arrested and thereafter asked the complainant to sit there at the police station and after about one to one and half hour, the personal bond of the complainant was taken by the Head Constable and the complainant was asked to come to the police station again in the morning on 23.7.1987 at 11.00 O 'clock. The complainant with his surety Mohan Savjibhai - PW 4 and Advocate Waghela - accused No.2 came to the police station on 23.7.1987. The accused No.2 after meeting the accused No.1 came out from his chamber and told the complainant that accused No.1 intends to arrest him and his three brothers. The accused No.2 further added that the complainant should come with his brothers on the next day at 11.00 am to the police station. The complainant then went home and informed his brothers Valjibhai and Jethabhai, however, it was not possible for them to go to the police station at that time, and therefore, on 24.7.1987 the complainant in the compnay of Chhaganbhai Valjibhai and Mohanbhai Savjibhai went to Khedbrahmma Police Station at 11.00 am where the accused No.2 was present. The complainant informed him that his brother had not come and that he had come with his surety. The accused No.2 thereafter went inside the chamber of accused No.1 and met him. After coming out, he informed the complainant that he should produce the gun as otherwise the complainant along with his three brothers would be taken on remand. The complainant, thereafter, told him that he had not fired and that he was also not having any gun. The accused No.2 again met accused No.1 in his chamber and after coming out, informed the complainant that accused No.1 was demanding Rs.10,000/- for avoiding remand of complainant and his brothers. The complainant told accused No.2 that it would not be possible for him to make arrangement for this huge amount. Again, accused No.2 went inside the chamber of accused No.1, had a talk and then came out and asked the complainant to pay Rs.6000/-. The complainant again expressed his inability to part with this amount. Once again, accused No.2 went inside, had a further talk with accused No.1 and told the complainant that accused No.1 was not prepared to accept any amount less than Rs.4000/-. Thereupon, the complainant went inside the chamber of accused No.1 along with accused No.2 and requested him to reduce the amount still further. The accused No.1 refused to reduce the amount and insisted for the payment of Rs.4000/-and threatened to take the complainant and his brothers on remand if the amount is not paid to him. The complainant reluctantly agreed to pay the amount of Rs.4000/-. The accused No.1 thereafter told complainant that all four brothers should come to the police station with Rs.4000/- on 28.7.1987. The complainant was further told that after making formal arrest, he would give concession in remand. The complainant, thereafter, came to his house and informed his brother. The complainant, however, was not inclined to give the bribe amount and, therefore, he went to the ACB office at Himatnagar where he met Police Inspector - Maheshchandra Bhatt - PW 6 and made complaint to him.