RAM DHYAN SINGH Vs. STATE

JUDGEMENT

(1.) This is a revision application against the conviction of the applicant under Section 161, I.P.C., and a sentence of one year's rigorous imprisonment and a fine of Rs. 200/-. The facts, briefly stated, are as follows :

(2.) The applicant was a cloth Inspector in the Supply Department at Basti towards the end of 1947. He was a temporary hand whose services were to terminate on 31-3-1948. The case for the prosecution was that certain persons applied for licenses for salt shops and the applications were sent to the applicant for report. The people applying for licenses went to the applicant for licenses, but the applicant demanded a bribe of Rs. 25/- from each one of the persons who wanted a license. Certain persons resolved among themselves not to pay the bribe, but one of them, later, backed out, paid the bribe and got the license. On learning this, the others consulted a vakil and approached the District Magistrate who initialled currency notes worth Rs. 75/- and sent them to the Tehsildar, directing him to lay a trap and if bribe be accepted by the applicant, to arrest him red-handed.

(3.) On 3-1-1948, at about noon, the Tehsildar of Domariaganj went with two persons who wanted licenses to the house of the applicant. Those persons were sent into the room which Ram Dhayan Singh applicant was occupying, while the Tehsildar stood outside and sent for the Sub-Inspector. A bribe of Rs. 40/- was paid to the applicant by the two persons and thereafter one of them came out and signalled to the Tehsildar, who came with the Sub-Inspector and searched the accused's person. The initialled notes of Rs. 40/- were found on the person of the applicant. The Tehsildar then reported the matter to the District Magistrate.