K L ANAND Vs. STATE

JUDGEMENT

(1.) DR. Krishna Lal Anand, a member of the U. P. Medical Service was charged, under Section 161, Penal Code and Section 5 (2) of the Prevention of Corruption Act (II of 1947 ). The allegation against him was that on 6-10-1952, as a public servant and Medical Officer-in-Charge of the Sadar Hospital, Etawah, at about 8-30 or 9-00 P. M. , at his quarter in the compound of the sadar Hospital, Etawah, he accepted Rs. 100/- from one Shringirishi as illegal gratification as motive or reward for showing one of his injuries, No. 7, which had been examined by him earlier on 1-10-1952, as grievous in the injury report and thus rendered favour to him and disfavour to the assailants and further by corrupt and illegal means obtained pecuniary advantage by abusing his position as a public servant and he and his wile were found in possession of pecuniary resources disproportionate to his known sources of income and thereby found committing criminal misconduct falling under Section 5 (1) (d) of the Prevention of Corruption Act.

(2.) THE opposite party passed the L. S. M. F. Examination from the Medical College, Amritsar and L. T. M. Diploma from the School of Tropical Medicines, Calcutta in 1940. His wife Dr. Sarla Anand IB also a lady doctor and was posted in Shikohabad in November, 1940. Both he and his wife practised at Mandi Bahauddin in Gujrat, Punjab and, then at Shahdadpur in Sind upto December, 1947. After the partition of the country, he migrated to India and took up service for a month in the refugee Camp in Kurukshetra and then settled clown at Hapur and his wife took up service in the Female Municipal Dispensary in Hapur and the opposite party engaged himself in private practice and then joined the M. B. B. S. course in the Medical College at Lucknow in August, 1948 and worked for about six months as the House Surgeon. Then he was taken in the Provincial Medical Service, Class II. His wife was also absorbed in the medical Service of the State. From January to April 1951 the opposite party was kept on reserve duty at Lucknow and then he was posted to Etawah as a Medical Officer and then he became a sub-charge and as he was selected in the P. M. S. (I), he was permanently posted as Medical officer-in-Charge of the Sadar Hospital on 1-1-1952. Between July and August, 1952, he was sent away for special training in public health to lucknow and except during this period that he was sent for training, ho remained the Medical officer-in-Charge of the Sadar Hospital at Etawah till 6-10-1952. When he was the in-charge of the Sadar Hospital, Etawah he acquired a reputation that he used to accept illegal gratification.

(3.) ONE Shringirishi, resident of village Bhagwatipur, police station Chabia was involved in an occurrence of marpit on 29-9-1952 with the Ahirs of Nagla Seva, a hamlet of village Latoopur, as a result of which he received some injuries. A report was lodged by him about this occurrence on 30-9-1952. On 1-10-1952 he is alleged to have gone to the. Sadar Hospital, Etawah and got his injuries examined by the opposite party at his quarter. A sum of Rs. 10/- was paid to him as his fee. The opposite party however, alleged that he had received only Rs. 8/- as his examination fee. It is alleged that the opposite party told Shringirishi that all the injuries Which he had received were simple and if he could pay him Rs. 100/-, he could give a report of grievous injuries, which would make the Ahirs liable to severe punishment. The offer was declined by him and he asked him to give the injury report as the injuries were. It is then said that the opposite party told him that he did not realise what a grievous injury means and he should bettor consult his lawyers and after that he would be in a position to realise the implications of getting a certificate that the injuries were grievous. The injury No. 7 was a contusion on the outer half of dorsal of right hand. It had a swelling and fracture or dislocation of the right mctacarpal phalangeal joint of index finger was suspected. The injury was, therefore, kept under observation and it is alleged that the opposite party had directed the complainant to get himself X-rayed and meet him the next day. On the next day, when the complainant went to his place, he was not found. He then again went to him on the 4th October and asked him to complete the injury report. It is alleged that he was again asked to come the next day, that is 5-10-1952. The complainant did not go to him on the 5th October and again met him on the morning of 6-10-1952 and requested him to complete the report. On this, it is said that the opposite party again told him that he was not understanding the implications of what had already been explained to him and on this the complainant said that he was only in a position to pay Rs. 50/-, on which the opposite party is alleged to have said that he would not accept even Rs. 500/ -. The complainant then told him that he would give a final reply in the evening. The complainant then approached the District Magistrate at his residence who asked him to meet him in his court. The complainant then went to the District Magistrate in his court. Sri A. P. Jain, City Magistrate, was then called in his eourt. Sri A. P. Jain then recorded the statement of the complainant and obtained Rs, 100/- from the Nazarat with the permission of the District Magistrate and signed them, making preparations for laying a trap. The complainant was directed to meet him at the kotwali between 7-30 and 8-00 P. M. The complainant went to the Kotwali at the appointed time. There the City Magistrate handed over the currency notes and the injury report to the complainant and divided the trap party into two batches. At about 8-30 or 9-00 P. M. he dispatched Shringirishi, Sri Johri, Dy. S. P. and Sri Rampal Singh circle Inspector ahead of him by 50 paces and himself accompanied by Babu Ram Pastore, S. I. , d. I. S. followed the first batch. Shringirishi went to the quarter of the Medical Officer and from the verandah called out, while Sri Johri, the Deputy Superintendent of Police and Sri Rampal singh Circle Inspector remained hovering in the garden of the compound and as they did not hear anything of the conversation between the Medical Officer and the complainant, they had not been produced by the prosecution. Sri Jain and Sri Babu Ram Pastore remained near the boundary wall of the quarter of the opposite party towards the east and when the opposite party, who was sitting in the main bitting room of the quarter, called in the complainant and when the complainant entered that room, Sri jain and Sri Babu Ram Pasture also entered the compound and took their positions near the eastern window of the sitting room. This window is a big window with a wire-netting fixed at outer side. The opposite party is alleged to have been sitting near the main entrance door of the room. His sister Srimati Raj Kumari, her two children and another child of the opposite party were in the room. As soon as Sringirishi entered the room, his sister Srimati Raj Kumari walked into another room and the opposite party and the complainant were left in the room. The prosecution's further allegation is that the complainant requested the opposite party to write down grievous hurt on the injury report. The opposite party again reiterated that the position had already been explained to the complainant and that he would not accept less than Rs. 500/ -. The complainant then entreated him and touched his feet and the bargain was struck at Rs. 200/ -. Rs. 100/- in currency notes are alleged to have been handed over and the injury report was also given to the opposite party. He was then asked to come in the morning when he would put plaster on his hand so that people may take the injury to be grievous and he should also give out that his bone was fractured. After that Shringirishi walked out and took some time in the doorway. At that very moment Sri Jain and Sri Pastore, who claimed to have overheard the conversation between Shringirishi and the opposite party, came over to the verandah and entered inside the room followed by the Deputy superintendent of Police Sri Johari and the Circle Inspector Rampal Singh and light was switched on. The opposite party at the very moment got up from the chair with the notes and the injury report in his hand walking into another adjoining room. The other subsequent facts as to how the conversation took place between the opposite party and the raiding party are not disputed. The civil Surgeon also arrived there either at the quarter of the Medical Officer or at the Kotwali. The opposite party was then released on bail and the first information report was prepared on the basis of the report made by Sri Jain at the Kotwali. The investigation was taken up by the Station officer and the opposite party was prosecuted with the offence. The Special Judge acquitted the opposite party of the charge under Section 161, I. P. C. but convicted him for committing criminal misconduct under Section 5 (1) (d) of the Prevention of corruption Act punishable under Section 5 (2) of the Act and sentenced him to five years' rigorous imprisonment and a fine of Rs. 5000/ -.