STATE Vs. HAR PRASAD SHARMA

JUDGEMENT

(1.) This is an appeal on behalf of the State against the acquittal of one Har Prasad Sharma, who was prosecuted under Section 161, I. P. C. and section 5 (2) of Act II of 1947,

(2.) It appears that the accused-respondent was station master at Sikandarpur in June 1953 and earlier. Vendors of milk and other milk products carry milk from places in the vicinity of Delhi to Delhi by train and they obtain monthly tickets for travelling by train. One Puran Lal, who was a milk vendor, also used to go to Delhi daily with his milk products and for this purpose he used to obtain monthly tickets for the journey to Delhi and back.

(3.) Towards the end of May 1953, it was alleged on behalf of the prosecution, Puran Lal was travelling along with other milk vendors in a compartment and they were discussing about the payment of Rs. 5/- per mensem to the station master, who used to charge the sum in excess of the sum due, as illegal gratification. This conversation was overheard by L. S. Sharma, Watcher, Anti-Corruption Department, Northern Railway, Delhi, who also happened to be travelling in the same compartment at that time. He felt interested and contacted Puran Lal. Information was conveyed to Sadhu Ram, Sub-Inspector, Special Police Establishment, and Puran Lal stated that in the normal course of his business he would be obtaining a monthly ticket on the 3rd June, 1953, and that arrangement for laying a trap for watching this payment of bribe to the station master, Har Prasad Sharma, may be made. Consequently an application was made to the District Magistrate and a trap at which a Sub-Divisional Magistrate was to be present was arranged. On the appointed date and time Puran Lal came to the Magistrate and he had in his possession currency notes of the value of Rs. 37/-. A search of the person of Puran Lal was made and the numbers of the currency notes were noted on a piece of paper by the Magistrate. His statement was also recorded. This having been done, the party consisting of the Magistrate, Puran Lal, and some others went to the Railway Station to watch the payment of the bribe by Puran Lal. Puran Lal is said to have paid Rs. 37/- although the monthly Railway fare was Rs. 31/8/- in accordance with the practice of Har-Prasad Sharma of charging Rs. 5/- in excess of the true fare. A sum of annas -/8/- was returned to Puran Lal and on a pre-arranged signal being given the Magistrate entered the office and searched Har Prasad Sharma. Currency notes of the value of Rs. 37/- were recovered from his person and a recovery list was-drawn up. The statements of Puran Lal and Chhotoy Lal, who happened to be present at the time when the payment was said to have been made, were recorded under Section 164 of the Code of Criminal Procedure by the Magistrate. A report of the raid was made to the District Magistrate and after the investigation had been done a charge-sheet was submitted against Har Prasad Sharma.