STATE OF U P Vs. KAMESHWAR PRASAD

JUDGEMENT

(1.) This is a criminal appeal by the State of Uttar Pradesh against the judgment and order dated 1-5- 1980 passed by the then IV Additional Sessions Judge, Bijnor Sri Ikramul Bari in Special Trial No. 14 of 1978 State v. Kameshwar Prasad under S. 161 I.P.C. and S. 5(2) of the Prevention of Corruption Act, whereby the learned Additional Sessions Judge acquitted the accused.

(2.) The prosecution case briefly stated is that Dharampal Singh P.W. 2 received a demand notice in respect of the electricity charges relating to the tube-well. He had made representation to the Executive Engineer Hydel Division Bijnor to the effect that the tube-well had not worked during the period from October, 197 4/11/1975 because the boring had failed. Therefore, he prayed for relief in respect of the electricity charges on that account. He had produced certain certificates in support of his contention that the tube-well had not worked during that period. Consequently, the Executive Engineer had called for a report from the Sub-Devisional Officer who had in his turn asked for the same from the accused Kameshwar Prasad, who was a Junior Engineer in charge of the Shadipur Hydel sub-section. The complainant Dharmapal Singh had approached the accused on 24/05/1975 and had tried to persuade him to make a report favourable to him. The accused had displayed his willingness to oblige him in return of a payment of Rs. 200.00 to him as illegal gratification. Dharampal Singh was not ready to pay the amount as illegal gratification. Consequently he approached Som Dutt Tyagi, who was posted as Inspector (Vigilance) at Bijnor, with a written complaint Ex. Ka. 5. That complaint was addressed to the Director of Vigilance Lucknow. It unfolded the facts preceding the presentation of the application to the Inspector Som Dutt Tyagi. It also set out the request for legal action against the accused. Inspector Som Dutt Tyagi P.W. 5 proceeded the same day to Lucknow, met the Director and obtained the sanction of the U. P. Administration for a trap against the accused. He returned from Lucknow on 26/05/1976. On his way he met Digvijay Singh, Deputy Superintendent of Police Vigilance Department posted at Moradabad and requested him for assistance in arranging the trap. The accused had asked Dharampal Singh to bring the aforesaid sum of Rs. 200.00 on 27/05/1976. Consequently the trap was arranged on 27/05/1976. Digvijay Singh, Deputy Superintendent of police reached Bijnor in he morning of 27/05/1976 and Dharampal Singh also came to the Inspector Som Dutt Tyagi in the morning of 27th. He brought two hundred rupee notes, as he was directed by the Inspector Som Dutt Tyagi. The Inspector Som Dutt Tyagi and the Deputy Superintendent of Police Digvijay Singh took Dharampal Singh to the residence of the District Magistrate. A written request Ex Ka 5 was ultimately presented by the Inspector Som Dutt Tyagi to the in charge District Magistrate. The request was for the recording of the statement on oath of Dharampal Singh and for the initialling of the two currency notes. The in charge District Magistrate by a written order on the aforesaid application for request itself referred them to the Sub-Divisional Magistrate, Bijnor. Consequently, the Sub-Divisional Magistrate, Bijnor Sri Suresh Chand Mathur P.W. 1 recorded the statement Ex. Ka. 1 of Dharampal Singh and initialled the two currency notes. Inspector Som Dutt Tyagi, Deputy Superintendent of Police Digvijay Singh and Dharampal Singh proceeded to the quarter of the Inspector Som Dutt Tyagi. On their way they picked up Aman Singh P.W. 3 and one Sardar Singh to witness the trap. On the quarter of the Inspector Som Dutt Tyagi a demonstration of the application of Phenolphthalein powder and sodium carbonate was made. The Inspector Som Dutt Tyagi treated the aforesaid two currency notes with the phenolphthalein powder and gave them to Dharmpal Singh who kept them in his pocket. His hands were also washed in the mixture of sodium carbonate and the mixture turned pink. The mixture was thrown away and the memo Ex. Ka. 6 to that effect was prepared. The Inspector Som Dutt Tyagi, Deputy Superintendent of Police Digvijay Singh, Dharmapal Singh, Sardar Singh, Aman Singh and a Vigilance constable Amar Singh proceeded to Shadipur from the quarter of the Inspector, Inspector Som Dutt Tyagi, Deputy Superintendent of Police Digvijay Singh, constable Amar Singh and Sardar Singh stayed outside the compound of the Sub-station which was enclosed by barbed wires. There was a gate fixed in the enclosure. They all took cover behind a tree and some cattle grazing there. They sent Dharampal Singh inside the enclosure. Aman Singh followed Dharmapal Singh at a short distance. Inside the enclosure the accused was standing near the transformer which was being tested. Seeing Dharmapal Singh the accused walked to him and talked to him. Dharampal Singh took out the aforesaid two notes from his pocket and placed them in the right hand of the accused and also made a request for a favourable report. The accused lifted his hand as a gesture of assurance. The accused transferred the notes to his left hand and placed them in the left side pocket of his pant. Thereafter, the accused proceeded towards south towards his adjacent office building. The Inspector Som Dutt Tyagi and others who were watching all these things, rushed to the accused and when the accused was at a distance of two paces away from his chair, they apprehended him. The Inspector Som Dutt Tyagi disclosed his identity to the accused and demanded a search. As a result of the search the aforesaid two notes were recovered from the left side pocket of the pant of the accused. The hands of the accused were washed in the mixture of sodium carbonate which turned pink. That mixture was collected in a plastic bottle Ex. 3 and was sealed. Memo Ex. Ka. 7 to that effect was prepared. In the right pocket of the pant a handkerchief and certain other things were found and taken into custody. These things were handed over to Sri Manmohan Rai, Sub-Divisional Officer Hydle Bijnor who had also come to the sub-station. A memo to that effect was prepared. In the office of the accused letter No. 1421-V-A. 30 kha/R-6 dated 4-5-76 relating to a consumer Hardev Singh resident of village Chatar Bhojapur Kush written by Sri Manmohan Rai, Sub-Divisional Officer was taken from the official papers of the accused. A memo Ex. Ka. 8 in that regard was prepared and was also signed by the accused. The accused was taken to the police station Bijnor where other pant of the accused was procured from his residence and exchanged for the one he was wearing at the time of the incident. It was sealed and a memo Ex. Ka. 9 to that effect was prepared. The accused along with the bundles containing the pant and the notes etc. was handed over to the police of Kotwali Bijnor.

(3.) The case was investigated by the Inspector Vigilance Kamal Singh P.W. 6. After the completion of the investigation into the case and after obtaining sanction for the prosecution of the accused, he submitted the charge sheet Ex. Ka. 15 against him.