HARI RAM Vs. STATE

JUDGEMENT

(1.) This is an appeal on behalf of one Hari Ram who has been convicted under Section 161 IPC and sentenced to one year's rigorous imprisonment.

(2.) He was the Lekhpal of village Deoli and had been challaned by the police for accepting Rs. 90/ - from one Pirthi Singh as an illegal gratification as a motive for recording his name in the revenue papers over the Dehar in village Deoli.

(3.) The prosecution story in brief, is that there was a certain Dehar which had been brought into cultivation. Pirthi Singh was its zamindar before the abolition of zamindari. As this Dehar had been brought into cultivation by him along with his co-sharers he wanted to have entered his name and the names of other co-sharers in the village papers. The Lekhpal had not entered their names but had entered the names of some other persons. When Pirthi Singh approached the accused he said that he would make the entry if Pirthi Singh would pay him Rs. 150/ - for himself and for Mughi, the Pradhan of the Gaon Sabha. Ultimately the matter was settled at Rs. 110/ -. Pirthi Singh, thereupon contacted Nawab Singh and sought this advice and on his advice both of them went to the Collector who wrote a slip to the District Planning Officer and Magistrate directing him to do the needful. Sri Hari Kishan Mehrotra P.W.1, the Magistrate, took down the statement of Nawab Singh and also asked him to bring Pirthi Singh. Pirthi Singh also gave a statement to Mr. Mehrotra and that statement was also recorded. Thereafter Pirthi Singh handed over eighteen currency notes of Rs. 5/ - each which was initialed by Sri Mehrotra and Pirthi Singh was directed to inform him when the bribe was to be given. As the bribe had been settled to be given on 3-9-1953 either in the Soldiers Board or in the Tehsil Bulandshahr, Pirthi Singh and Nawab Singh both again went to Bulandshahr. Pirthi Singh searched for the accused and he was not at Soldier's Board and he was found in Tehsil and it was settled that the bribe was to be given at Tehsil and Sri Mehrotra was informed who reached the Tehsil with the Deputy Superintendent of Police, Thereafter when the money had been transferred a sign was made by one Harpal Singh P.W.3 and these people went there, searched the accused and these eighteen currency notes and some other things were recovered from his possession. It is said that Pirthi Singh P.W.4, Gokul Chand P.W.2, Harpal Singh P.W.3, Bhagwati Prasad P.W.5 and Nawab Singh P.W.6 were present and it was Harpal Singh who had signalled that Pirthi Singh had already given bribe to the accused and that these persons arrived there. After the search and recovery of these currency notes and on obtaining sanction from the Collector the prosecution was lodged.