P S ARAVAMUDHA IYENGAR Vs. STATE

JUDGEMENT

(1.) THIS appeal is preferred against the conviction and sentence by the Special Judge, Tiruchirapalli, in C. C. No. 2 of 1958.

(2.) THE accused P. S. Aravamudha Aiyangar was employed as Progress Supervisor, Golden Rock Workshop, Southern Railway. It is in evidence that notwithstanding the fact that at the time of the commission of the offence in question the accused was getting a salary of Rs. 320 plus Rs, 70 dearness allowance, per month, and his. wife seems to be a musical instructor having occasional engagements :

(3.) CHENNAIYAPPAN P. W. 2 resides near Erode. In June 1957 he came to Golden Rock to find Out if he can get employment as a Kalasi in the Golden Rock workshop. He made enquiries of some persons in Golden Rock about the job and learnt that if he contacted the accused who was residing in H-l. Quarters, Golden Rock, he would be able to do something for him. It may be parenthically pointed out here that much point was made and rightly disbelieved by the lower court that the accused was not in a position to recruit Kalasis, a job for which this untrained P. W. 2 was eligible. But unfortunately in this country of illiterates and needy people out to secure a job by hook or by crook, people who are in a position to give jobs as well as people who pretend that they will be able to secure jobs for the applicants by Siparsu or otherwise, take money and this is a notorious fact of which judicial notice can be taken. Therefore, P. W. 2 met the accused at 6-30 p. m. on a day in June 1957 at his quarters and requested him to advise him how he can get the job of a Kalasi. The accused told him that when vacancies arose it will be notified and that if P. W. 2 applied when vacancies were notified he would be sent for. P. W. 2 went to Golden Rock on 2 or 3 further occasions but he was not able to get any information. In the first week of August 1957, P. W. 2 met accused for the second time at his house and asked him if recruitment was likely in the near future. Accused told P. W. 2 that in a month or two candidates are likely to be recruited and if P. W. 2 agreed to pay him (accused) Rs. 100 before the end of that month and a further sum of Rs. 100 after P. W. 2 got the appointment, he would help P. W. 2 in getting an application form and also in getting him selected. To this, P. W. 2 who was hard pressed for securing a job readily n greed.