ALI HASSAN Vs. STATE OF U P

JUDGEMENT

(1.) S. I. Jafri, J. Ale Husan and Suraj Prasad have filed this appeal against their conviction and sentences recorded by U. S. Tripathi, Special Judge Mirzapur vide his judgment and order dated 19-3-1985 Special Sessions trial No. 2 of 1981 connected with S. T. No 3 of 1981. By means of the aforesaid judgment and order, the appellant Ale Hassan was convicted under Section 161, I. P. C. and he was sentenced to undergo R. I. for one year and a fine of Rs. 500. He was further convicted under Section 5 (2) of the Prevention of Corruption Act and was sentenced to undergo R. I. for two years and a fine of Rs. 1, 000. Appellant Suraj Prasad was convicted under Section 161, I. P. C. and sentenced to undergo R. I. for one year and a fine of Rs. 200. He was further convicted under Section 165 (a) and sentenced to undergo R. I. for one year and a fine of Rs. 200. The appellant was further convicted under Section 5 (2) of the Prevention of Corruption Act and sentenced to under go R. I. for 1, 1/2 years and a fine of Rs. 300.

(2.) THE brief facts gleaned from the F. I. R. and the evidence adduced by the prosecution in the case are that Ale Hassan appellant, who was posted Naib-Tahsildar at Jahsil Sadar District Mirzapur in the month of April 1978, made a demand of Rs. 200 as illegal gratification through the agency of his PS Suraj Prasad from complainant Hub Lalp. W. 2, who is resident of vill Kolhar P. S. Kotwali Dehat District Mirzapur for favour of decided mutation case in his favour over a portion of land measuring his was purchas ed by the complainant from one Harihar Dubey of the same village aforesaid case of mutation had come to the court of Ale Hassan appella transfer which Ale Hassan appellant had been keeping pending. Aggrived the delay in the decision of the case the complainant approached the Peon Suraj Prasad who seduced him in to giving illegal gratification of Rs. 200 it no wanted to expedite decision of the mutation case. Next day i. e. on 20-3-1979 complainant Hub Lalmet Ale Hassan in the company of one Raghuvir examined) at the house of Ale Hassan situate in Mohalla Ramai Patti, Mirza pur who desired the money to be paid to him (Appellant) with in Next day Hub Lalcomplainant conveyed to Suraj Prasad, Peon at lah he would arrange the money with in 1-2 days. However, the complainant in Lalbeing unable to raise money met Ram Kishan, P. W. 3 and narrated to him the demand of illegal gratification. Ram Kishun asked Hub Lalcomplainant to come to him has along with Rs. 200. Next day Ram Kishun P. W. 3 took Hublal to residence of Supdt. of Police where facts relating to demand of gratification were disclosed to the Supdt. of Police. THE complainant was asked by the aforesaid Supdt. of Police to reduce the facts into writing where upon Hub Lalfiled application Ex. Ka 1 before the Supdt. of Police, aforesaid application was endorsed to Sri Ram Naresh Tnpathi, P. W. I, I then Circle Officer to decoy the appellants. THE statement of the complainant Hub Lal was recorded by J. K. Tandon, S. D M. Sadar at the direct District Magistrate who also initialled the currency notes produced by me complainant before him. According to the directions of Shree Ram Inpatni, the complainant alongwith Ram Kishun P. W. 1 and Raghubir and Khannu Harijan again came to the residence of Shree Ram Tripathi P. W. 1. Ato Shree Ram Tripathi, P. W 1 summoned S. I. Ram Naresh and two constables Sheoji Goswami and Chauthi Ram in plain clothes to this residence an ed them about the manner of trap to decoy the appellants. THEreat there Ram Tripathi started on his jeep along with witnesses and having pai jeep on the road in front of Police Station Kotwali Dehat, the marched on foot. Shree Ram Tripathi positioned himself near i window of the residence of Ale Hassan accused on the road and deputed ti trap party and the witnesses near the western window facing the plainant Hub Lalp. W. 2 entered the room of Ale Hassan along with At that time, Ale Hassan was seated on a cot flanked by Suraj peon nearby. Hub Lalcomplainant touched the feet of Ale Hassan being told that he had brought the money Ale Hassan asked to place the money on the table nearby and suggested to him to a Hassan) at Tahsil itself. Suraj Prasad Peon on being signalled picked up currency notes and began to count the same. Meanwhile, Shree Kan: ripatft alongwith trap party and the witnesses gained entry into then noticing the exchange of money from their places aforesaid. Peon made an unsuccessful bid to run away. Both the appellants were arrest and currency notes were taken into possession. Recovery menu bx. K. a prepared on the spot by Sri Ram Tripathi P. W. 1. Tie appellants were taken to Police Station Kotwali where F. I. R. was lodged and a case was registered against the appellants. Investigation of the case was taken u Daya Shanker Singh, Dy. S. P. P. W. 8 who interrogated Sri Ram Tripath P. W. 1. Later on, the investigation was conducted by Vibhuti Nara sigh, Dy. S. P. P. W. 4 who interrogated complainant Hub Lal and Ram Kasnun P. W. 3 and other witnesses. After concluding the investigation, he submitted chargesheet in the court, in the wake of proper sanction having been accorded for prosecutfon of the appellants by the respective authorities.

(3.) NOW I take up the evidence of P. W. 2 Hub Lalcomplainant in the instant case, for scrutiny. He deposed that the had purchased land measuring eight his was for a consideration of Rs. 7000 from one Harihar Dubey, resident of his village Kulhar. He moved application for mutation of his name over the said land at Sadar Tahsil Mirzapur. On the decision in the aforesaid mutation case being prevaricated by Ale Hassan applicant who was Naib Tahsildar vis-a-vis the long-drawn pendency of the case, he contacted Suraj Prasad, Peon of the appellant who made a demand of Rs. 200 for expediting the decision in his favour in the aforesaid case. The latter events have been delineated in the preceding part of this judgment any for the sake of brevity, the same are not being repeated all over again in this judgment.