VISHNU PRASAD Vs. STATE OF UTTER PARDESH

JUDGEMENT

(1.) Vishnu Prasad appellant, Head constable police out post Runkata, police station Achhnera, District Agra has been convicted and sentenced under Sections IGIjJHAjJL-P. C. and 5 (2) Prevention of Corruption Act 1947 to undergo R. I. for 2 years, 1 year and 2 years respectively. The sentences of imprisonment have been made to run concurrently.

(2.) Komal Prasad constable police out post Runkata was tried with the appellant for an offence punishable under Section 225, I.P.C. He has been acquitted in the case,

(3.) Beni with his wife Smt. Kailash Pati (P. W. 1) used to live in village Rai-pura Ahir within police Station Achhnera. There was enmity between Beni and Gajodhar of village Raipura Ahir. Gajodhar was in collusion with the police and used to implicate Beni in false cases. The police, therefore, used to send him to jail. On this account Beni left his village and began to work as labourer in the city of Agra. In the early morning on or about 1-5-1977 the Head constable along with three constables of police out post Runkata reached at the house of Beni in village Raipura Ahir. Beni was not at his house. Thereupon the Head constable forcibly took away his wife Smt. Kailash Pati from her house. On reaching a culvert outside the village Abadi the Head constable demanded Rs, 500/- for releasing her She told him that she was too poor To pay Rs. 500/-. The Head constable then agreed to accept Rs. 125/-. The Head constable asked her to give him the said money at Runkata outpost on Thursday. She promised to give him the said money on the said day. Hence she was released. On 4-5-1977 Smt. Kailash Pati gave an application Ex. Ka. 1 to Deputy Superintendent of Police (C. B.), C. I. D., Agra (Sri Mohammad Rafi) Sri Mohd. Rafi marked the application to Sri Hari Prakash Sharma, Deputy Superintendent of Police, Anti-Corruption C. I. D. (P. W. 2). Smt. Kailash Pati produced currency notes of Rs. 125/-(one note of Rs. 100/-, one note of Rupees 20/- and one note of Rs. 5/-) before him. He noted their numbers and arranged to lay trap on the next day on 5-5-l977. On 5-5-1977 Hari Prakash Sharma left his office at 10 A. M. along with K. K. Singh Inspector, Prakash Chand Dixit and Manu Mai constables in a jeep driven by Hakim Singh. On reaching the Collectorate, he collected Subhash Chand Katara, a Law graduate, Nihal Singh and Kalicharan (P. W. 3). This party reached Sudhir Petrol Pump Runkata at about 10.45 A. M, Smt. Kailash Pati and her mother in law reached at the hut of Prasadi in Runkata. Leaving her mother-in-law there Smt. Kailash Pati reached the petrol pump and met Hari Prakash Sharma there. Hari Prakash Sharma made initials on the currency notes, and then gave them back to Smt. Kailash Pati. Smt. Kailash Pati along with Kalicharan and Nihal Singh then reached at the hut of Prasadi and sat under a Shisham tree. She sent her mother-in-law to call the Head constable. The Head contable sat on a cot. Hari Prakash Sharma Inspector, constables and Subhash Chand Katara took their positions at the back of the hut. Hari Prakash Sharma was able to see the Head constable, Smt. Kailash Pati and Ors., Smt. Kailash Pati then talked with the Head constable requesting him not to harass her and her and her husband then and Kep them in his ritht hand. The constable asked her about kalicharan and Nihal Singh. She told him that they were her relations and that she had brought money from them. Immediately then Hari Prakash Sharma and Ors. proceeded towards the place where the appellant, Smt. Kailash Pati, Kalicharan, Nihal Singh were sitting. On seeing them this appeal- the currency notes in ques-"" tion on the" ground. Hari Prakash Sharma disclosed his identity to the appellant and told him that he had taken bribe. Thereafter Hari Prakash Sharma picked up currency notes Exs. I to III, kept them in an envelope, sealed it and prepared a memo Ex Ka. 3. The appellant did not disclose his name. He was, however, taken into custody by the constable Hari Prakash Sharma. With difficulty he could be taken up to the jeep. In the meantime a constable (whose name was later on found as Komal Prasad) came up and shouted as to why his Head constable Vishnu Prasad was being taken away. The constables with Hari Prakash Sharm attempted to beat the appellant in the jeep. Some people of the village lant threw the currency notes in question on the ground . Hari Prakash Sharma then reached police out post Runkata and took general diary and made an entry in the general diary of the out-post at 12.45 hours. In this entry he mentioned the entire occurrence. Thereafter Hari Prakash Sharma along with the general diary of the out-post went to police station Achhnera. On reaching there Hari Prakash Sharma lodged verbal report of the occurrence and handed over the general diary of the out-post there.