K NACHIMUTHU Vs. STATE

JUDGEMENT

(1.) The accused has been convicted under Section 161 of the Indian Penal Code and Section 5(1)(e) read with Section 5(2) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- under Section 5(2) of the Prevention of Corruption Act. No separate sentence has been passed under Section 161, I.P.C.

(2.) The prosecution case is as follows: P. W. 1 Kuppan is a resident at Kootteripattu village. He had three acres of land at the boundary of Edappalayam village on the side of the G.S.T. road there. He had constructed a hut in it and was keeping in it agricultural implements. On both sides of the G.S.T Road the Forest Department had planted tree saplings under the Social Forest Scheme. The accused Nachimuthu, a Forester in that department was in Kootteripattu. He placed Velikathan thorns in front of that house obstructing the way to the house from the road. P.W 1 went to the Forest Watcher (P.W 4) but he directed P.W. 1 to go and see the Forester-accused. P.W. 1 went to meet him two three times but he was not available. He was informed that the accused would be available in his house in the early morning. On 13-5-1985 at 6.00 A.M., P.W. 1 proceeded to the house of the accused. On the way he took with him his cousin brother Sundaramurthy P.W. 2. They saw the accused sitting in the verandha of his house. P.W. 1 requested him to take away the thorns put in front of his house. The accused refused and he said that it would be kept there till the time of rainy season, and he further stated that even after taking the thorn after the rains he was going to plant tree saplings. On further request of P.W. 1 the accused said that if he was paid a bribe amount of Rs. 200/- he would remove the thorn and he would not plant tree Saplings. P.W. 1 told him that he would come next day morning and returned along with P.W. 2. But P.W. 1 did not like giving bribe to the accused. He wanted to give a report to the Vigilance and Anti-Corruption department, Cuddalore. He went there at 4.00 p.m. There P.W. 1 gave a report Ex. P. 1 to P.W. 11 Inspector. The Inspector registered a case under Section 161 of the Indian Penal Code. He sent word to P.W. 3 Kuppu Ramana, an Agricultural Officer and Gnansingamani, a Co-operative Sub-Registrar and requested them to come to him office at 4.00 A.M. on the next day and P.W. 1 and P.W. 2 also were told to come there at that time. Accordingly P.W. 1 and P.W. 2 went there at the time mentioned on the next day. P.W. 3 and Gnanasigamani also came there. The Inspector introduced P.W. 3 and Gnanasingamani to P.W. 1 and P. W.2, were informed about the complaint. P.W. 1 then gave to the Inspector four 50 rupees notes. He conducted Phenaphthalene test smearing Phenaphthalene powder on the said four currency notes. Then he noted the numbers of the notes, and he gave the said four currency notes to P.W. 1 after preparing enstrustment mahazar Ex. P.2. Then they all went in a jeep to Kootteripattu and near Mylam Railway Station P.W.1 and P.W. 2 got down. The Inspector told P.Ws. 1 and 2 to do as they were instructed by him. P.Ws. 1 and 2 went towards the house of the accused and the Inspector and others remained there. P.Ws. 1 and 2 saw the accused sitting on the bench in front of his house. On seeing them he asked whether they had brought the money. P.W. 1 gave the said four currency notes. The accused received it and counted them with his both hands, and he promised P.Ws. 1 and 2 that he would remove the thorn and he would not plant sapling. P.Ws 1 and 2 returned to the Jeep and told the Inspector that the accused had received the money. Then along with P.Ws 1 and 2 the Inspector and others went in the jeep to the house of the accused. There P.W.1 identified the accused. The accused on seeing them just dropped down the rupee notes on a bench there. Then the Inspector prepared in a glass tumbler sodium carbonate solution and he asked the accused to dip his right hand in it. The solution turned into pink. The solution was sealed in a bottle which was numbered as '2' and that is M.O. 4. The Inspector again asked the accused to dip his left hand in another Sodium Carbonate Solution prepared by him. When the accused did so that solution also turned pink. The Inspector sealed that solution in a glass tumbler which was numbered as '3' and that is M.O. 5. Then the Inspector asked the accused to hand over the rupee notes received from P.W. 1. The accused took up the notes from the bench and handed over them to the Inspector. The Inspector compared the numbers in those currency notes with the numbers he had noted in his office in the morning and they were found to tally. Then the Inspector arrested the accused. Then the Inspector went to the house of P.W. 1 at G.S.T. Road and prepared an observation mahazar Ex. P. 6 there. Then the Inspector applied for sanction for prosecution of the accused. P.W. 10 Divisional Forest Officer granted sanction Ex. P. 16. Then the Inspector filed the charge-sheet against the accused under Section 161, I.P.C. and Section 5 (1)(e) read with S. 5(2) of the Prevention of Corruption Act.

(3.) The accused denied the charge.