RAM RATAN NAG Vs. STATE OF U P

JUDGEMENT

(1.) RAM Ratan Nag has appealed against his conviction under section 5 (2) of the Prevention of Corruption Act and section 161 IPC which was recorded by the Ist Additional Sessions Judge (Special Judge) Gorakhpur in Special Case No. 1 of 1982 State v. RAM Ratan Nag.

(2.) IN brief the case of the prosecution was as follows :-

(3.) RAM Deo Gaur. Dy. S. P. (Vigilance) recorded the statement of Raj Basant Misra and asked him to come Sopaighat on 30-7-1980 at about 3.50 a.m. On 30-7-1980 Raj Basant Misra reached Sopaighat at 8.30 a.m. At about 10.10 a.m. RAM Deo Gaur also reached P. S. Belghat. Preparations for laving the trap were made by RAM Deo Gaur. Raj Basant Misra PW-1 had given eight notes of Rs. 100/-each to RAM Deo Gaur, PW-6. These notes were treated with phenolphthalein powder and were handed over back to Raj Basant Misra, PW-1 with the direction that these very notes were to be handed over to RAM Ratan Nag Hand wash of Raj Basant Misra was taken and was sealed. A memo Ext. Ka-2 was also prepared by RAM Deo Gaur PW-6. The numbers of the notes were mentioned in this memo. After giving necessary direction, RAM Deo Gaur accompanied bv Raj Basant Misra proceeded towards P. S. Bel ghat. RAM Anuj and Palakdhari had accompained RAM Deo Gaur. The witnesses had taken the prearranged position. Raj Basant Misra PW-1 went to the quarter of RAM Ratan Nag. The S. O. enquired whether Raj Basant Misra had brought the balance of the bribe. Raj Basant Misra replied in the affirmative and had paid the above mentioned eight notes of 100 rupees each in the hope that he would not be implicated in any criminal case. RAM Ratan Nag had taken the notes in his hand and bad placed the same upon the Dasa of his door. At that very moment RAM Deo Gaur PVV-6 accompanied by witnesses reached there and caught hold of RAM Ratan Nag. The notes were taken by RAM Deo Gaur from the Dasa and the hand-wash of RAM Ratan Nag was taken and when this water was mixed with sodium carbonate the water became pink. A recovery memo Ext. Ka-3 was duly prepared and the recovered notes and the hand wash were sealed.