STATE OF U P Vs. KANHAIYA LAL

JUDGEMENT

(1.) STATE of U. P. has come up in appeal against the judgment of Sri R. C. Bajpai, Special Judge, Far-rukhabad dated 14-4-1972 acquitting Kan-haiyalal for offences under Section 161, Indian Penal Code and Section 5 (2) of the Prevention of Corruption Act,

(2.) THE charge against Kanhaiya-lal was that while working as supervisor Kanungo at Kaimganj he, on 5-10-1970 at 9. 15 P. M. at his residence, accepted illegal gratification, other than legal remuneration, amounting to Rs. 250/- from Gayadin. It was also alleged that he committed criminal misconduct in the discharge of his official duties as Government servant by accepting the aforesaid amount of Rs. 250/as reward for getting Pattas executed in favour of Sohan Lal and Kailash Singh of village Savita-pur Behripur.

(3.) BRIEFLY stated the case for the prosecution was that the accused Kan-haiyalal was posted as Supervisor Kanungo in Kampil circle. Gayadin P. W. 6 was Pradhan of the Gaon Sabha of Savitapur Behripur. He was approached by certain landless persons for the allotment of surplus land to them. He told those persons that he would inform them after talking over the matter with the Kanungo. Thereafter Gayadin met Kan-haiyalal and informed him about the request of landless persons. Kanhaiya Lal asked Gayadin that he would execute the necessary Pattas in case each landless person was prepared to pay him a sum of Rs. 125/ -. The landless persons told Gayadin that they were not in a position to pay that amount. Gayadin again met the accused who told him that he would not do the work unless he was paid the amount demanded by him. He also told Gayadin that if he did not arrange the amount he would get him suspended. Some time thereafter, about 10 or 12 days before 5-10-1970 Gayadin went to one Malkhan Singh and told him about the illegal demand made by the accused. Malkhan Singh asked Gayadin to find out from the accused as to when he would like to have the money so that he may get him caught. Gayadin again met Kanhaiyalal about four to six days after he had talked to Malkhan Singh. In the meantime he had a talk with some landless persons out of whom Sohan Lal and Kailash Singh gave a sum of Rs. 250/- on the understanding that steps should be taken to get the accused trapped. After collecting this money Gayadin went to the accused who asked him to come to his house next day. Gayadin then went to Malkhan Singh and told him the entire story. Malkhan Singh asked Gayadin to contact him next morning. Accordingly, Gayadin along with Sohan Lal and Kailash Singh went to Malkhan Singh's village early in the morning of 5th Oct. , 1970. He also carried with him a sum of Rs. 250/- which had been paid to him by Sohan Lal and Kailash Singh. All these persons then came to Fatehgarh where Gayadin got an application (Ex. Ka-1) addressed to the Collector Farrukhabad, scribed. In that application he mentioned about the illegal gratification demanded by the accused and requested the Collector to take necessary action. The Collector then wrote a note and directed Gayadin etc. , to the Superintendent of Police. The Superintendent of Police called Sri Balbir Singh, Deputy Superintendent of Police and asked him to do the needful. Sri Balbir Singh directed Gayadin to the City Magistrate who recorded his statement and noted down the numbers of the currency notes which were intended to be given to the accused as bribe. After noting down their numbers, the notes were handed back to Gayadin, Gayadin went back to the office of the Superintendent of Police and contacted Sri Balbir Singh there. Sri Balbir Singh then obtained Gayadin's statement from City Magistrate's office and thereafter he along with Gayadin, Sohan Lal, Kailash Singh, Malkhan Singh and Head Constable Ajab Singh proceeded by a Jeep to Kaimganj. After reaching the petrol pump in Kaimganj, Balbir Singh asked Gayadin, Kailash Singh and Sohan Lal. to go to the accused and to find from him as to where he would like to accept the money and thereafter to contact him at the house of Dr. Gangwar. Gayadin, Sohan Lal and Kailash Singh then went to the Tehsil. Gayadin alone went inside the room of the accused and talked to him, Gayadin told the accused that he had brought the landless persons as also the money for getting the Pattas executed in their favour. The accused then asked Gayadin to meet him at about 9 P. M. at his house, Gayadin, Sohan Lal and Kailash Singh then went to the house of Dr. Gangwar and informed Balbir Singh about the conversation which had taken place between Gayadin and the accused. At that time, besides Balbir Singh, Malkhan Singh and Head Constable Ajab Singh, one Loknath was also present there. According to the prosecution Loknath was picked up by Balbir Singh and Malkhan Singh from the cold storage which fell in the way to Dr. Gangwar's house. Balbir Singh asked Gayadin and his companions to contact him again at 7 P. M. while Loknath, Kailash, Sohan Lal and Gayadin went away from the house of Dr. Gangwar, Balbir Singh, Malkhan Singh and Ajab Singh stayed back. Gayadin, Loknath, Kailash and Sohan Lal came back at 7 A. M. and after taking mutual search and tallying the numbers of currency notes amounting to Rs. 250/- Balbir Singh handed over the currency notes to Gayadin, He asked Gayadin Sohan Lal and Kailash to go and wait for the accused at the Chabutra of his house. He instructed Loknath and Head Constable Ajab Singh to go and stand on the road and to signal to him as soon as the accused was seen, coming to his house, Gayadin, Sohan Lal and Kailash then went and sat in front of the room of the accused. The accused returned to his house at 9 P. M. and went inside his room. He also asked Gayadin to come inside the room. In the meantime, Loknath informed Balbir Singh that the accused had arrived and that he had asked Gayadin to come in his room, Balbir Singh, accompanied by Malkhan Singh, Loknath and head constable Ajab Singh, reached the door of the room of the accused and found Sohan Lal and Kailash sitting there. There was electric light inside the room. The door of the room was closed in such a way that there was some space in between the two door leaves. Through that space Balbir Singh and other witnesses saw the accused sitting on a Charpoy and Gayadin sitting on a chair. They heard Gayadin telling the accused that he had brought Rs. 125/-from the landless persons for getting the Pattas of Parti land executed in their favour. Two of them, namely Sohan Lal and Kailash Singh were waiting outside. The accused then said that the amount brought by Gayadin was only for the purposes of getting the Patta, executed and that the landless persons to whom the land will be allotted will have to spend a further amount for their verification and mutation of their names. Gayadin took out the money and handed it over to the accused. As soon as the accused held the money in his hands and began to count the same, the police party headed by Balbir Singh, Deputy Superintendent of Police, rushed inside the room and caught the accused with the money in his hands, Sri Balbir Singh disclosed his identity and took the currency notes in his possession. He tallied the number of currency notes with those which had already been noted. He prepared the recovery memo Ex. Ka. 8, read over the same to the witnesses and obtained their signatures on it. After duly sealing the currency notes in an envelope he asked Ajab Singh to go and call the Station Officer of Police Station Kaimganj. Ajab Singh then conveyed the information to the Police Station Kaimganj on telephone. Immediately Station Officer P. W. 4 Raghubir Singh accompanied by constables arrived at the house of the accused. Balbir Singh then handed over the accused, along with the recovered articles to him. Raghubir Singh took the accused and the recovered articles to the police station and registered a criminal case in the general Diary. On 8-10-1970 the Superintendent of Police Sri K. M. Daruwala directed Sri V. N. Singhari Inspector In-charge Police Station Kotwali Farrukhabad, to take up the investigation of the case after obtaining the permission of the District Magistrate. It is said that on 22-10-1970 the District Magistrate permitted police inspector Singhari to investigate the case. Thereafter, Inspector Sin-ghari started the investigation and recorded the statements of Balbir Singh, Deputy Superintendent of Police and some other persons. He recommended the investigation on 3rd December, 1970, when he recorded the statements of dayadin, Sohan Lal and Kailash and prepared a site plan. He recorded the statement of Loknath on 13th December, 1970. On the same day he completed the investigation and submitted a charge-sheet against the accused.