J.C.LOHINI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ravindra Sharma and Sri B.D. Sharma, learned counsel for the appellant and learned AGA for the State.

(2.) This criminal appeal has been filed against the judgment and order dated 28.2.1986 passed by Special Judge, Rampur in Special Case No.1 of 1982 convicting and sentencing the appellant under Section 161 I.P.C. to one year R.I., under Section 5(1)(d) punishable under Section 5(2) Prevention of Corruption Act and in alternative under Section 5(3-A) of Prevention of Corruption Act for one year R.I. Both the sentences were directed to run concurrently.

(3.) Brief facts of the case are that on 17.5.1979 the complainant Asghar Ali had gone to the wheat purchase centre of Food Corporation of India situated at Makka Mill, Rampur with 24 quintal wheat of Bhoora for sale to the F.C.I. He was accompanied by Safdar and also Bhoora, Bhoora however, left the centre to get the medicine given to his son who was ill. The complainant had a talk with J.C. Lohani accused, Quality Inspector there for early weighment of the wheat of Bhoora. On this Lohani stated , " Jaldi tulwaney ke liye rupay quintal ke hisaab se mithayee ke deney hongey mujhey", and further asked him that the amount be paid to Puttan Thekedar from whom he will take account in the evening. On this, complainant came to Habeb Ahmad P.W. on the pretext to arrange money and got an application Ext. 1 (Ext. Ka1/5) scribed from him addressed to the District Magistrate and went to the then District Magistrate Km. Kuldeep Saini. The number of the currency notes had been disclosed in the application. The District Magistrate endorsed the order " Action on apl." for Sri Bahadur Singh, Deputy Collector, who thereupon recorded the statement of Sri Asghar (Ext. Ka.2) and saw the currency notes, and made his endorsement, Ext. Ka1/2 thereupon. With this endorsement, the complainant again when to the District Magistrate, who then made endorsement Ext. Ka.1/3 for the S.P. "for further action pl." Then the complainant Asghar and Habeeb Ahmad both went to the S.P. who made his endorsement Ext. Ka for C.O. City Sri Ram Murti Singh. With this endorsement the complainant took the papers to Sri Singh at 2.00 p.m.. Sri Singh had a talk with the complainant Asghar and saw the papers and currency notes Ext. 3 to 6 to be given in bribe and then started with the complainant Asghar. Sri Singh was in plain clothes. Sri Singh took S.I. Shyam Singh in plain clothes from police station, Civil Lines, then from there reached near the cold-storage of Ishrat Mian at the turn of the road going towards the purchase centre and from there he took Ram Pal and Sundar Lal witnesses. Sri Singh got the currency notes Ext. 3 to 6 presented by the complainant before the witnesses and got their number compared with these recorded in the application , Ext. Ka 1/5 and he statement Ext. Ka.2. The same tallied. About this, he prepared a memo Ext. Ka3. there. The currency notes were given in the Supurdgi of complainant Asghar. After that the Dy. S.P., the said S.I. and the said witnessesproceeded on foot behind Asghar Ali complainant, towards the purchase centre. The complainant Asghar ali met Puttan accused and told him, " Main rupyon ka intezam kar laya hoon", whereupon Puttan said, Mainey tumharey 24 bori gahoon tulwa diye hain, jo 24 rupay tum se rishwat ke taiy huway theiy mujh ko dedo, main Lohani Sahab ko de donga". On this Asghar complainant paid the aforesaid currency notes to Puttan accused, who received the same in his right hand. On this Sri Ram Murti Singh caught hold of Puttan's right handand disclosing his identity and telling that he has taken this money as bribe arrested him. He recovered the aforesaid currency notes Ext. 3 to 6 from the right hand of Puttan accused and compared them with the numbers noted in the memo Ext. Ka.3 and found them to be correct. He then sealed the currency notes in an envelop. He also took a search of the persons of Puttan accused and found currency notes amounting to Rs. 324 and a certificate Ext. 8 thereon. He prepared memo Ext. Ka5 about the transaction and gave its copy to Puttan accused. Then he took this accused and the recovered property to the police station and lodged them there at 6.10 P.M. He dictated his FIR, Ext. Ka.6 to the Head-Moharrir. A case was registered and an entry was made in the G.D. at serial No. 37 whose copy was Ext. Ka7.