DURAISAMY Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence rendered by the learned Chief Judicial Magistrate, Periyar District at Erode in Spl. C.C.No. 1386 of 1987 dated 8-12-1990, finding the appellant/accused guilty for the offence under Section 5(2) read with Section 5 (1) (d) of the Prevention of Corruption Act before amendment and Section 161 I.P.C. and thereby convicting the sentencing him to undergo rigorous imprisonment for a period of two years for the offence under Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act with a fine of Rs. 2,000/- payable, in default to suffer rigorous imprisonment for a further period of six months, but however, in view of the same, no separate sentence for the I.P.C. offence has been awarded, for having allegedly received the bribe of a sum of Rs. 250/- from P.W.I as illegal gratification.

(2.) From the adduced evidence and the case records, it is seen that P.W.I Palanisamy, being an agriculturist and treasurer of Small Farmers Irrigation Association, residing at Goundampudhur Oricherry village, had eight acres of land and so also his brother. Out of this extent, he and his brother had purchased five acres and seventy cents from one Muniya Gounder for a sum of Rs. 35,000/- in 1971, and for which, the patta was not transferred in their names. If one wants to get the loan from the bank, he has to get the patta transferred in his name in respect of the said land. To change the patta of the said land, an application was submitted to the Tahsildar of Bhavani by P.W.1 and his brother P.W. 4 on 4-11-1986 under Ex.P-1 along with the copy of their sale-deed Ex.P-2. Then the Deputy Tahsildar assured them that after the enquiry by the Village Administrative Officer of the said village, the patta would be transferred within a week. The appellant/accused was the Village Administrative Officer of the concerned village and P.W.I and the accused are known to each other. Though three weeks had elapsed, since there was no response, P.W.I along with one Rama Naicker examined as P.W.2 had been to the office of the accused on 1-12-1986 and gave the copy of Ex.P-1 and Ex.P-2 and told him what the Deputy Tahsildar had told them already about the change of patta for the land. It is stated to have been the response of the accused for it that if they wanted the patta for the land to be changed within a short time; they should pay a bribe of Rs. 250/- to him. P.W.I and P.W.2 had bargained but however, the accused it was stated, had declined. As the copy of the chitta was since badly needed by P.W.I, he had agreed to bring the quantum of bribe as demanded on 1-12-1986. It was therefore at that time itself, the accused had prepared a petition to the Tahsildar in his own hand writing as if the same had been written by P.W.I, without referring the survey numbers and directed P.W.1 to bring the application Ex.P-3 given by him with the bribe money within the evening of 4-12-1986. However, having signed Ex. P-3 by P.W.1 and his brother and taking the bribe money of Rs. 250/-P.W.1 along with P.W.2 Rama Naicker approached the Vigilance and Anti-Corruption Police Erode, on the next day. Ex.P-4 is the copy of Ex. P.3, both were handed over to the police. To the oral narration of P.W.1 Inspector Kuppusamy of Vigilance and Anticorruption Wing of Erode, wrote Ex.P.5 at about noon on 2-12-1986 . Copy of Ex.P-5, Ex.P-6 was served upon P.W.1. P.W1 and P.W.2 were asked to come by 2.15 p.m. on that day. When they went to the office as instructed by 2.15 p.m. there were two other witnesses introduced to them by the Inspector and he also explained the mode of conducting phenolphthalein test. Then the bribe money brought by P.W.1 as five fifty rupees currencies, were smeared with the phenolphthalein powder after the numbers of the same were noted down in a mahazar and handed over to P.W.1 to be kept in his pocket. Keeping the Xerox copy of Ex. P-3, Ex. P-4 with him the Inspector handed over the application Ex. P-3 to P.W.1 and instructed him that the moment the accused had received the bribe amount, he should come out and by clearing his face with the towel or hand he should give signal. With regard to the details of the same, a mahazar Ex. P-7 was prepared, in which P.W.1 and others have attested. P.W.1 and P.W.2, the witnesses the Inspector along with his convoy, started by 2.45 p.m. to the office of the accused and neared the power-loom belonging to one Subbaraya Chettiar, P.W.1 and P.W.2 got down and when came to the office of the accused, the witnesses and the Inspector were taking their position at some distance away and asked P.W.1 and P.W.2 to go to the office of the accused which is situated on the northern side of the Appakoodal Road, where the accused was sitting facing East. P.W.1 and P. W.2 had thus entered into the room of the accused and occupied two chairs opposite tohim and when P. W. 1 handed over Ex. P-3 to the accused, he has demanded again as to whether he had brought the money which he has demanded already. P.W.1 then gave M.O.1 to M.O. 5 to the accused. The accused having received the same in his hands, put them on the north-western corner of his table and over it, he placed a calculator M.O. 6. The accused on the receipt of Ex. P-3 filled up the gap in it by writing S.F.No.165 a,b,c 166 a,b,c,d, 179 and kept it in the right side drawer of his table and said that within a week from that day, they would get the order for the patta changed. Then P.W.1 and P.W.2 came outside the office of the accused and signaled as instructed already, which was followed by the Inspector along with the other witnesses entering into the office inside.

(3.) P.W.2 Rama Naicker is a resident of Mallipoor and the claims that he knew the accused as well as P.W.1 and that on 4-11-1986 at about 10 a.m., when he was waiting to board a bus to Bhavani, P.W.1 came there and asked him to accompany him to see the Tahsildar in his office. Accordingly he did so. He has corroborated the claim of P.W.1 about the giving of application Ex.P-1 with Ex.P-2 on that day and the Tahsildar having replied that the patta would be transferred within a week and that as they did not get any response from them, on 1-12-1986 they met the accused in his office and he demanded a bribe of Rs. 250/ - and that after bargain, it was agreed upon followed by the preparation of Ex. P-3 by the accused and all the claim made by P. W. 1 in his evidence in full. He also supported P.W.1 by saying that they returned to their village on 1-12-1986 and approached the Vigilance and Anti-corruption Police on the next day and all other facts as claimed by P.W.1 . He has also claimed that he was present when the accused received the bribe amount M.O.1 to M.O.5 and kept them under M.O. 6 and that they came out and P.W. 1 prompted the signal. In short, P.W. 2 had fully corroborated the claim of P.W.1 word by word.