STATE OF U P Vs. HARDWAR SINGH

JUDGEMENT

(1.) This appeal has been preferred by the State against the judgment and order of Sri M.P. Tripathi the then Special Judge, Deoria, dated 6.2.1978, in Session Trial No. 2 of 1976, holding accused-respondent Hardwar Singh not guilty of the offences under Section 161, I.P.C. and Section 5(2)(d) of the Prevention of Corruption Act and also accused Ram Raksha Pandey, of the offence punishable under Section 165-A of the Indian Penal Code and acquitting both of them of the aforesaid charges.

(2.) The facts, in brief, as disclosed by the prosecution are that there was a fair price shop of food-grains and sugar in the name of Balli Prasad, father of Ramayan Prasad complainant (P.W. 6), in Village Koilasawa Buzurg within Police Station Pataharawa, District Deoria. That shop was being looked after by his son Ramyan Prasad the complainant. Licence of the shop was suspended in the year 1974 at the instance of accused Hardwar Singh, who was then posted as Supply Inspector of the area of the complainant but that licence was restored subsequently on or about 6th of June, 1975. The area of the complainant was declared as flood-affected area, hence a special quota of 90 quintals of Bazra and 10 quintals of sugar was allotted to the fair price shop of Balli Prasad for distribution to the persons of the flood-affected area from his shop. On 25.1.1975 at about 6.00 p.m. Hardwar Singh, Supply Inspector, visited the shop of the complainant and in his absence had taken away the relevant registers from the shop directing Balli Prasad, father of the complainant, to send Ramayan Prasad to Padrauna. Accordingly the complainant met the Supply Inspector next day, who demanded Rs. 1,000/- as illegal gratification otherwise he would get his licence cancelled. He asked the complainant to pay that amount by 28.1.1975. He also told that he would be available upto noon at Padrauna and thereafter in the evening he would leave for Kasia by bus. The complainant next day brought Rs. 1,000/- and consulted Chhedi Lal Sharma (P.W. 8), a Press Reporter of Newspaper Khabar, for getting the Supply Inspector arrested red-handed and for making a complaint to the District Magistrate and the Superintendent of police, Deoria. Both the complainant and Chhedi Lal Sharma for this purpose met the District Magistrate and the Superintendent of Police Deoria on 27.1.1975. The District Magistrate directed them to meet him the next day at the Inspection House in Deoria where he would be available on that date. Consequently on 28.1.1975 they both met the District Magistrate at the Inspection House, Deoria, who after consultation with the Sub Divisional Magistrate, Padrauna, Sri B.S. Lall (P.W. 11) asked the complainant to make a complaint in that regard. The complainant then drafted the complaint ext. Ka2 and affixed his signature thereon and then met the Sub-Divisional Magistrate, Padrauna, at his residence with the complaint and Rs. 1,000/-. The Sub-Divisional Magistrate after having noted the number of the currency notes of Rs. 1,000/- sealed the application and the currency notes in an envelope and asked the complainant to meet the District Magistrate with that envelope. The District Magistrate opened the envelope and made some endorsement to the Superintendent of Police and directed the complainant to hand over the same to the Superintendent of Police. The Superintendent of Police, in his turn, asked the Deputy Superintendent of Police, Sri Udai Raj Singh, to arrange a trap. The said Deputy Superintendent of Police compared the number of currency notes and called the Station House Officer and other police personnel. Mahatam Tewari, Rajender Prasad Gupta and Lal Babu Singh were also called as public witnesses. Sri Udai Raj Singh then prepared a supurdginama Ext. Ka 7 and got it signed by the witnesses and handed over the money to the complainant with an instruction to all the witnesses that Hardwar Singh, Supply Inspector of, was to be arrested red handed, who would reach Kasia Bus Stand. The complainant was also instructed to hand over the said currency notes to Hardwar Singh after talking about the illegal gratification. Then all of them reached the Bus Stand, Kasia, at about 4 p.m. and waited for the arrival of Hardwar Singh, who in the company of another accused Ram Raksha Pandey, came in a Bus at about 6.45 p.m. The complainant met both of them and took them towards the shop of Rajendra Prasad Gupta where a Jeep was standing. On one side of the Jeep, the complainant was talking with Hardwar Singh and Ram Raksha Pandey, while on the other side the members of the Police Party and Public Witnesses were present. Hard was Singh asked for the money but the complainant requested to accept lesser amount. Hardwar Singh insisted that the lesser amount would not serve the purpose and the licence would be cancelled. The other accused Ram Raksha Pandey asked and insisted the complainant to pay the amount demanded. Then the complainant handed over the money in the hands of Hardwar Singh, who, in his turn passed on the money to Ram Raksha Pandey for counting. Meanwhile, the raiding party arrested them and recovered the currency notes of Rs. 1,000/- from the possession of Ram Raksha Pandey. A recovery memo Ext. Ka 8 was then prepared by Sri Udai Raj Singh (P.W.7) and got it signed by the witnesses present on the spot. Thereafter both the accused with the recovered money were taken to the Police Station Where Sri Udai Raj Singh lodged a F.I.R. at 7.45 p.m. and a case under sections 161/109, I.P.C. and section 5(2) of the Prevention of Corruption Act was registered against both the accused.

(3.) Initially the investigation was entrusted to Sri Raj Bahadur Singh (P.W.3) but later on it was transferred to Sri Ram Deo Singh, Inspector, Crime Branch C.I.D (P.W.13) on the basis of the order passed by the Superintendent of Police, Crime Branch, who after completing the investigation submitted charge sheet against both the accused.