BHULAN LAL Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision on behalf of one Bhullan Lal who was convicted under section 161, Penal Code, and sentenced to one year's rigorous imprisonment and a fine of Rs. 200/- by a Special Magistrate, First Class, Anti-Corruption, U. P.

(2.) THE applicant has, since the filing of this application for revision died, but as the sentence involved a fine of Rs. 200/- also, the application for revision has been pressed on behalf of the legal representatives of Bhullan Lal.

(3.) THE case against Bhullan Lal was that he was a supervisor in the Defence Savings Branch. One Bhajan Teli ,had a deposit of about Rs. 18/-in the Defence Savings Fund which amount he wanted to withdraw and with this end in view, he went to the Defence Savings Office with an application for withdrawal. He was, however, told that according to the records of the Defence savings Office, the depositor was entered as dead and that payment could not be made to him. He then approached the supervisor, namely Bhullan Lal, who promised to get the money repaid to him if he paid him a sum of Rs. 5/ -. Bhajan Teli then came away when he met one Thakur Singh and another person, Zamin All on the road. He told them his difficulty as also the fact that a sum of Rs. 5/- was being asked as illegal gratification by the supervisor. Thakur Singh then took Bhajan to the District Information officer and was ultimately directed to go to the Additional District Magistrate who arranged for the laying of a trap. Sri Ghiasuddin a Magistrate of First Class and Sri B. N. Rai were deputed by the Additional District Magistrate to go and lay the trap. A five rupee note was marked and made over to Bhajan Teli who was to deliver this to Bhullan lal. The party then proceeded towards the Defence Savings Office. The two Magistrates, however, stopped in the hospital in front of the office while Bhajan and his companion Thakur singh proceeded towards the office of Bhullan Lal. Bhullan Lal was seen coming out of the verandah and going to a 'pan' shop. While he was returning from the 'pan' shop Bhajan Teli passed the five rupee note to the accused, Bhullan Lal on his demand, and this was noticed by thakur Singh who stood at a distance of a few steps. Thakur Singh then went to the hospital and informed the Magistrates who were waiting. The magistrates then came up and searched Bhullan Lal. A coat belonging to the accused was found hanging on a chair and from the pocket of this coat a marked five rupee currency note was recovered. Some money amounting to Rs. 3/- and odd was also recovered from the shirt pocket of the accused. The articles recovered were then sealed and the accused was taken into custody. The accused was ultimately sent up for trial.