ASHA RAM Vs. STATE

JUDGEMENT

(1.) ASHA Ram, Appellant, Assistant Registrar Qanungo, attached to Tehsil Agra, has been convicted and sentenced under Ss. 161 IPC and 5(2) of the Prevention of Corruption Act, 1947, to suffer rigorous impri ­sonment for 18 months on each count. The sentences have been made to run concurrently.

(2.) FACTS giving rise to this appeal are these, Bedi Lal and Munni Lal, PWs 2 and 3 are natives of village Samogar, Police Station Decki, district Agra. They had agricultural lands in Samogar. Munni Lal used to live at Calcutta in connection with service. These two persons agreed to exchange their agricultural fields. On 27 -5 -1976 Munni Lal moved an application, Ex. Ka, 7 before the Sub -Divisional Officer, Agra for the exchange of his Gelds with those of Bedi Ram. On 5 -6 -1976 Bedi Ram filed written statement indication his consent to the proposed exchange. On the same day the Sub -Divisional Officer passed order that the file be put up before Tahsildar, Agra on 21 -6 -1976 and parties be informed accordingly. On 21 -6 -1976 Bedi Ram went to Tehsil Agra and met the Appellant. The Appellant told him that the file had not been received in Tahsil. Thereupon Bedi Ram and Munni Lal reached the office of the Sub -Divisional Officer and came to know that the file had not been sent to Tahsil till then and that it would be sent on the next day. On 22 -6 -1976, Mahendra Nath, PW 3, clerk of the Sub -Divisional Officer, Agra, sent the record to Tahsil. The file was received in Tahsil on 23 -6 -1976 at about 8 A.M. by K. S. Kulshresth, PW 4, revenue clerk, Tehsil. In the month of June, 1976 then were morning Court of offices. On the same day K. S. Kulshresth obtained order from the Tahsildar. The Tahsildar marked the file to Naib Tahsildar/Regisirar Qanungo. Under the verbal instructions of the Registrar Qanungo, the files marked for him are handed over to the Assistant Registrar Qanungo of the covered area. There ­fore, on 23 -6 -76 Kulshresth entered the file of this case as well as other files in the despatch register to be handed over to the Appellant. The file of the present case was received by the appellant on the same day. But he signed of its receipt on 25 -6 -76. On 23 -6 -76 Bedi Lal and Munni Lal met the Appellant. The Appellant told them that their file had been received but they would have to pay some money. He demanded Rs. 200/ - adding that without giving the said money their work would not be done. Munni Lal had Rs. 100/ - with him. He immediately gave Rs. 100/ - to the Appellant. Bedi Lal promised to bring the money from his house within a day of two. On reaching their village Samogar there took place some consultation between Bedi Lal and Munni Lal and they decided to get a corrupt official .officer like the Appellant arrested. Pooran Chand, a native of Samogar, also agreed to the suggestion of Bedi Lal and Muni Lal and he promised to accompany them. On 25 -6 -76 Bedi Lal, Munni Lal and Pooran Chand left their village and reached the Vigilance Office at Agra at about 10 A.M. In the way Bedi Lal got a complaint written out by Biri Singh (DW 1). Bedi Lal and others met Superintendent of Police (Vigilance) and submitted the complaint to him. The Superintendent of Police (Vigilance) directed them to meet Deokinandan Sharma, Deputy Superintendent of Police (Vigilance)(PW 1), who was having his seat outside his room. These three persons then met Deokinandan Sharma, who arranged to call two persons Mahendra Singh Sarpanch (PW 7) of village Albania and Shyam Bir Singh of village Biharipur. Sri Romal Singh Dy. S. P. and three Inspectors Yogendra Pal Singh, Bhenwar Pal Singh and P. C. Agnihotri were also there. Bedi Lal affirmed his complaint and produced a currency note of Rs. 100/ - which was mean to be given as bribe to the Appellant. Deokinandan Sharma made his initial on the currency note and its number was noted. Phenolphthalein powder was applied on the currency note by Yogendra Pal Singh Inspector. The currency note was then handed over to Bedi Lal for being handed over to the Appellant as bribe money. Thereafter all the persons left the Vigilance Office and reached the compound of police hospital which is near Tehsil. After formality of personal sear h of all the persons, at about 1.30 P.M. Deokinandan Sharma, Yogendra Pal Singh, Bedi Lal and Munni Lal went into the room of the Qanungo. Mahendra Singh and some other persons remained in the verandah just out side the room of the Qanungo. Other persons stood at tea Canteen. Bedi Lal started talking with Asha Ram who was doing work while sitting on a chair. Asha Ram asked him if he had brought Rs. 100/ -. Bedi Lal asked him to reduce the amount. The Appellant replied that he had taken Rs. 100/ - from Munni Lal and, therefore, he would not reduce the amount. Bedi Lal then handed over the currency note of Rs. 100/ - to the Appellant requesting him to get his work done early. The Appellant kept the currency note in the front pocket of his shirt and then began to see the file of Bedi Lal. Thereupon Deokinandan Sharma gave a signal to the persons standing in the verandah and tea canteen. Mahendra Singh and all others then went into the room of the Qanungo. Deokinandan Sharma gave out his name and design -nation. Then he took search of the Appellant and recovered the currency note of Rs. 100/ - from the chest pocket of his shirt. Hands of Bedi Lal and the Appellant were got washed in Sodium Carbonate liquid. The colour became pink. The pocket of the shirt of the Appellant was also washed in Sodium Carbonate liquid. The colour of the wash became pink. Recovery memo Ex. Ka 3 was prepared on the spot and duly signed. Another memo of the personal search of the Appellant was duly prepared (Ex. Ka 4). It is said that copies of both these recovery memos were given to the Appellant. Deokinandan Sharma then obtained the file of Bedi Lal by giving report to the Naib Tehsildar. The Appellant was taken to police station Shahganj Agra where Deokinandan Sharma lodged report Ex. Ka 5 and handed over the Appellant there.

(3.) THE Appellant did not admit the allegations of the prosecution. He asserted that when he was working some body thrust currency note forcibly in his pocket, that when he looked up and found Bedi Lal only and none else, that he threw away the currency note, that then some persons came into his room. He was then taken to the police station. The recovery memo was not written at the alleged place of occurrence. He further asserted that he was previously Lekhpal, that Bedi Lal was having malice against him for two reasons (1) Bedi Lal was previously proceeded against for taking illegal possession of Gaon Samaj land on the basis of the entries made by him, and (2) 16 Biswas land out of 3 Bighas of plot No. 104 of Bedi Lal went under the waters of Jamuna. Therefore, he, as Lekhpal, had reduced his area.