RAHAS BEHARI PANDAY Vs. STATE

JUDGEMENT

(1.) THE appellant in this case has been convicted under Section 161, I. P. C. and has been sentenced to rigorous imprisonment for a period or one year and six months and a fine of Rs. 200/-, in default to undergo further rigorous imprisonment for a period of three months by the special Judge, Lucknow, appointed under the Criminal Law Amendment Act, 1952 (Act 46 of 1952 ).

(2.) IT appears that the appellant was a booking clerk posted at railway station Colonelganj in march, 1952. Baskets of eggs are despatched from Colonelganj to Lucknow and, it was alleged on behalf of the prosecution that there was a general complaint that the booking staff at colonelganj used to demand illegal gratification both in cash and kind at the. time of the booking of such parcels. One Bahau also dealt in eggs and had to meet this difficulty. A few days before the occurrence Bahau is said to have met one Sri D. D. Kapur, R. S. O. , S. P. E. , Lucknow at the lucknow City Station and he brought this complaint about illegal gratification demanded from the despatchers of eggs at Colonelganj to his notice. Sri Kapur told Bahau that he should meet him at Colonelganj when he next booked a consignment for Lucknow. On 10-3-1952 Sri Kapur came to Colonelganj accompanied by Sri Balbhaddar Singh, Inspector, Special Police establishment and Bahau was called. Bahau was to book some baskets of eggs on that date and his statement was recorded by the Inspector, Sri Balbhaddar Singh. Both these officers, namely, Sri Kapur and Sri Balbhaddar Singh, then went to the District magistrate's residence at Gonda in order to ask him to arrange for a trap. The District Magistrate was, however, not available and his stenographer is said to have advised to go to the Railway magistrate. They then went to the Railway Magistrate who told them that he would arrange for the trap after instructions from the District Magistrate. As the District Magistrate was not available, he thought it fit to arrange for the trap. The Railway Magistrate, Sri K. L. Trivedi, then went to Colonelganj and the statement of Bahau was recorded by him. Bahau had in his possession currency notes of the value of Rs. 20/- and they were signed by the Magistrate and their numbers were noted. Bahau was then asked to go to the railway station and book his baskets. He was told that the two officers as also the Magistrate would also go to the station and watch the payment of the illegal gratification demanded. One Hasan Ali was also called and hasan Ali and Bahau went together. The two officers Sri D. D. Kapur and Sri Balbhaddar Singh as also the Railway Magistrate followed them. The two officers walked towards the western window of the room where the booking was to be done while the Magistrate walked into the verandah and near the eastern window. Bahau told the appellant, who was on duty at the time of the occurrence, to book his parcels. He was asked to pay Rs. 16-3-0 and on being asked as to why so much money was demanded, the appellant is said to have told him that Rs. 2-7-0 was due on account of railway freight and the rest was bility-Karai. Another Babu, who was lying on a board in the same room, then asked. Bahau as to whether he had brought eggs also and Bahau told him that he had brought 20 eggs only. The Babu then told him that he should have brought 50 eggs. Bahau then offered to pay price of the balance and he was asked that he should supply the remaining number ot eggs when he would next come to the railway station to get his baskets booked. Bahau delivered currency notes of the value of RE. 17/- to the appellant who returned extra coins of the value of 0-13-0 to Bahau and then prepared the Railway Receipt. Some labels were given to be attached to the baskets. After the Railway Receipt had been made out, the Magistrate and the two officers, who were watching the transaction, entered the room and the appellant is then said to have been asked to give a search. Thereupon the appellant took out the money from his pocket and gave it to the Magistrate. He then begged for pardon. The twenty eggs were recovered wrapped up on a 'jhandi' used for signalling on a rack in the same room. The statement of the appellant was then recorded by the Magistrate and after the statement of Bahau had also been recorded, a telegram was sent to the D. T. S. at Gonda to suspend the appellant. Per-mission for investigation was granted by the Magistrate to Sri Balbhaddar Singh and after the investigation was completed, a complaint was filed by the Deputy Superintendent of Police, S. P. E. against the appellant,

(3.) THE defence of the appellant was that he received no money as illegal gratification from Bahau and that no sum of Rs. 17/- had been recovered from his person. The prosecution examined a number of witnesses and some witnesses were examined also on behalf of the defence. The learned Special Judge who tried the case, found the appellant guilty under Sec. 161, I. P. C. and sentenced him to imprisonment and fine as mentioned above. He has now come up in appeal.