STATE OF U.P. Vs. JANGPAL SINGH

JUDGEMENT

(1.) This is a Government appeal on behalf of State of U.P. against the judgment and order dated 29th Sept., 1983 passed by the learned 1st Addl. Sessions Judge, Meerut in Criminal Case No. 11 of 1981 State Vs. Jangpal Singh acquitting him of the offence punishable under Sec. 161 I.P.C. and Sec. 5 (2) of the Prevention of Corruption Act.

(2.) The prosecution case briefly stated is that the complainant Kripal Singh was running a fair price shop in his village Sathla in Tahsil Mawana, District Meerut. The accused Jangpal Singh was posted as a Supply Inspector in Tehsil Mawana in Jan., 1981. It is alleged that the accused used to charge Rs. 300.00 from Kripal Singh every time when he used to take the quota of sugar of his shop saying that he had a share of Rs. 100.00 only in that amount and the remaining sum of Rs. 200.00 had to be paid to the Sub-Divisional Magistrate. It is further alleged that in Jan., 1981 after giving a sum of Rs. 100.00 the complainant Kripal Singh made up his mind not to give the balance of Rs. 200.00 to the accused. Consequently on 22.1.91 he approached the District Magistrate, Meerut and moved an application Ex. Ka-1 to get the accused Jangpal Singh trapped while taking Rs. 200.00 as illegal gratification from him. The District Magistrate entrusted the matter to the Vigilance Inspector Sri Mansha Ram Rathi P.W. 4, who was available at his resident at that time. Sri Rathi contacted the complainant Kripal Singh and after ascertaining the necessary facts, he asked the complainant' Kripal Singh to meet him at the Sunita Medical Store, Mawana at about 2.00 or 2.30 p.m. Thereafter he proceeded to Mawana with two police constables, namely Radhey Shyam and Atar Singh and met Kripal Singh at the Sunita Medical Store at about 2.00 p.m. Two public witnesses namely, Aquil Ahmad P.W. 2 and Shri Krishna P.W. 3 were called and after their arrival the complainant Kripal Singh produced two currency notes (Exts. 1 and 2) of Rs. 100.00 each. The Vigilance Inspector Sri Rathi took these notes and initialled them. He treated these notes with phenolphthalein powder and returned them to the complainant Kripal Singh with the direction that these notes were to be given to the accused as bribe. A memo Ex. Ka-2 to that effect was prepared by him. Kripal Singh along with Sri Rathi and others went to Tehsil Mawana to give the money to the accused, who was, however, not available there. Kripal Singh was informed that the accused had gone to his house. The raiding party returned from the Tehsil and at about 6.00 P.W. Kripal Singh informed the Vigilance Inspector Sri Rathi that the accused was available at Rajesh Mishtan Bhandar situated on the Hastinapur Road as Mawana. According to the plan the complainant Kripal Singh went to the Rajesh Misthan Bhandar and met the accused. The other members of the raiding party also reached there afterwards. In their presence the complainant told the accused that he had brought Rs. 200.00 for him and consequently he requested the accused to deliver his sugar permit. The accused thereafter too two currency notes of Rs. 100.00 each and kept the same in the pocket of his woollen coat Ex-5 put on by him at that time. On hearing and seeing all this, the Vigilance Inspector arrested the accused while introducing himself to him and recovered the currency notes of Rs. 200.00 from the pocket of his coat and on examination he found the said currency notes were the same, which were initialled by him their numbers were mentioned in the same prepared by him. Thereafter he got the hands of the accused and the complainant washed by sodium carbonate, which had become light purple. The Vigilance Inspector observed all the formalities necessary for this purpose on the spot. The accused was ultimately taken to the police station Mawana, where the written report Ex. Ka-4 about the incident, which was already prepared by Sri Mansha Ram Rathi, was handed over to the police official concerned. The accused and the sealed bundle and phials were also handed over to the police official concerned. As the investigation of this case was to be made by the Vigilance Department, the memos were retained by the trap Inspector for that purpose. The Constable clerk Rishal Singh P.W. 5 had prepared the check report Ex. Ka-5 on the basis of the written report and ultimately a case was registered against the accused. The case was entrusted to the Vigilance Inspector Sri Ratan Singh P.W. 6 for investigation. After the completion of the investigation, he submitted the charge-sheet against the accused.

(3.) The prosecution examined Kripal Singh P.W. 1, Aquil Ahmad P.W. 2, Shri Krishna P.W. 3, Mansha Ram Rathi P.W. 4, Ratan Pal Singh P.W. 5 and Ratan Singh P.W. 6 and relied upon certain documents in support of its case.