DAMODARAN Vs. STATE

JUDGEMENT

(1.) THE appellant who is the karnam of Vattathur Village, Kattumanargudi Taluk, South Arcot District, has been found guilty by the learned Special Judge and Additional Chief Judicial Magistrate, Cuddalore, of an offence under Sec.161, Indian Penal Code as well as of an offence under Sec.5(1)(d) read with Sec.5(2) of the Prevention of Corruption Act, 1947, hereinafter referred to as the Act for having accepted a sum of Rs.50 as bribe from P.W.1 Mathiazhagan, at or about 8.30 P.M. on 27.1.1979 at the residence of the appellant and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.100 in default to undergo rigorous imprisonment for a period of three months. No separate sentence has been awarded for the offence under Sec.161, Indian Penal Code.

(2.) THE case of the prosecution is this: P.W.1 Mathiazhagan and P.W.2 Thirugnanssambandam, and the accused are of the same village. THE family of P.W.1 owns two acres of lands at Vattathur Village and four acres of lands at Nandeswaramangamam. THE accused/appellant is the karnam for both the Village. In January, 1979, P.W.1 approached the Land Development Bank for loan with a view to purchase a tractor. THE Bank demanded extract of chitta pertaining to the lands held by the family of P.W.1 approached the accused on 19.1.1979. THE accused demand a sum of Rs.25 for issuing the chitta extract. P.W.1 gave Rs.25 and got the extract of chittas, marked as Exs.P5 to P9. THEreafter P.W.1 gave Ex.P10 application to the Land Development Bank. On 25.1.1979 P.W.1 went to the Bank to find out the result of his application. He was informed by the Bank, that unless the extract of F.M.Book pertaining to the lands of P.W.1 is given, the loan amount be granted. On that ground, P.W.1 returned to the Village and approached the accused at about 4 P.M. on 27.1.1979 along with P.W.2. THE accused demanded a sum of Rs.50 for issuing the extract of F.M. Book Pertaining to the lands belonging to the family of P.W.1. Since P.W.1, was not having the amount, he requested that accused to prepare the extracts and promised to return on the next day evening with the money and take the plan. THE accused accepted the suggestion. P.W.1 annoyed by the conduct of the accused, went to Cuddalore along with P.W.2 on 27.1.1979 and gave a report Ex.P1 to P.W.5, Jayaraman, the Inspector of Police, Vigilance and Anti-corruption, Cuddalore. On the basis of Ex.P1, P.W.5 got the sanction from the Deputy Collector, Chidambaram for prosecuting the accused. Ex.P12 is the sanction order for prosecuting the accused. THEreafter, P.W.5 registered Ex.P1 as his Crime No.2/AC/79 under Sec.161, I.P.C. and took up further investigation. He procured P.W3, Rangaraju, who is employed as Deputy Agriculture Officer, Cuddalore and one Pattabhiraman, a staff in the office of the Transport Department at Cuddalore P.W.5 introduced P.Ws.1 and 2 to P.W.3 and Pattabhiraman. P.W.5 informed P.W.3 and another about the mission of P.W.1 and 2 and gave Exts.P1 to P.W.3 and Pattabhiraman to go through the same. P. Ws.3 and 4 went through Ex.P1. THEreafter P.W.5 explained the significance of the phenolphthalein test and also demonstrated the same in front of all the witnesses. P.W.2 smeared the phenolpthalein powder on the five rupee notes brought by P.W.1 and asked P.W.3 to touch the notes and dip his fingers in the solution. THE solution turned pink. All of them were satisfied about the importance of the phenolpthalein test. THEreafter the ten five rupee notes, marked as M.O.1 series, were handed over to P.W.1 with instruction to give them to the accused, on demand. P.W.1 was asked to report the same to P.W.5 and his party, who would be within outside the residence of the accused. A mahazar, Ex.P2 was prepared as to what has taken place at the office of P.W.5 the same has been attested by P.Ws.1, 3 and others. At about 2-30 P.M. P.W.5 and P.Ws.1, 3 along with Pattabhiraman and others, left Cuddalore for Vattathur village, THEy reached Sethiathope at about 4.30 P.M. P.W.5 asked P.Ws.1 and 2 to reach the house of the accused by walk. P.W.5 followed P.Ws.1 and2 with P.W.2 and others. Within a short time, P.Ws.1 and 2 came back and informed P.W.5 that the accused was not found at his residence, that they have been informed P.W.5 that the accused was not found at his residence, that they have been informed that the accused has gone to Sri Mushnam Center and that he would return only at about 8 P.M. P.W.5 asked P.Ws.1 and 2 to wait at the cross road to find out the return of the accused and left for the place where he has stationed the jeep.

(3.) WHEN questioned about the evidence appearing against the accused under Sec.313(1), Cr.P.C., the accused has stated that the whole case has been foisted against him due to previous enmity between him and the family of P.W.1. According to him, he aspired for the post of Karnam of Vattathur Village. There was a competition for the post of Karnam of Vattathur village between him and one Arumugham. However, the accused was appointed a temporary Karnam. The further case of the accused is that there was a competition for the post of Presidentship of a co-operative Society at Nandeeswaramangalam on 4.10.1978 and the brother-in-law of the accused, Krishnaswamy, has contested for the said post. P.W.2 also contested for the same post and the brother-in-law of the accused became the President. Further, on 10.1.1979 the accused was appointed as permanent Karnam, in spite of objections from P.Ws.1 and 2. The further case of the accused is that he did not meet P.W.1 on 19.1.1979, that he did not receive a sum of Rs.25 from P.W.1, that he did not give Exts.P5 to P9 on 19.1.1979. According to the accused, Exts.P5 to P9 have been handed over to P.W.1 a week earlier to 19.1.1979. However, he denied the receipt of Rs.25 on 19.1.1979. The further case of the accused is that 26.1.1979 is a New Moon Day and that he returned to the residence late in the night, that P.Ws.1 and 3 did not meet him at his residence on 26.1.1979 at about 4 P.M. He admitted that P.Ws.1 to 5 along with a Head Constable came to his residence. After super, while he was sitting in his chair, P.W.5 came to his house with P.Ws.1 to 4 and arrested him and opened the drawer of his table and recovered M.O.1 series that M.O.1 series were not placed by the accused in the drawer, that P.W.1 should have planted the same in the drawer taking advantage of his absence in the village since his house was always kept open and that he is not the owner of M.O.1 series. The further case of the accused is that the Inspector there attend the accused that he should take the notes by his own hand and that he produced M.O.1 Series from the left side drawer of his table, that there is no key for the drawer, that he produced the F.M. Book relating to the village of Nandeeswaran Mangalam and that thereafter he was taken to the police station at Cuddalore.