SURAJ PAL SINGH Vs. STATE

JUDGEMENT

(1.) The Appellant Surajpal Singh appeals against his conviction and sentence of four years' R. I. and a fine of Rs. 9,000.00 ; in default of payment of fine to undergo further R. I. for one year, for an offence punishable Under Sec. 5 (2) of the Prevention of Corruption Act.

(2.) The Appellant Surajpal Singh was employed in police department of the U. P. Government between 27-2-1951 and 9-9-1952 at Sadar Malkhana, Kanpur. The charge against him was that in that capacity he committed the offence of criminal misconduct as defined in Sec. 5 (1) (c) of the Prevention of Corruption Act, and further that he dishonestly and fraudulently misappropriated or otherwise converted to his own use a number of Articles which were entrusted to him or were under his control as a public servant, and also that Rs. 9,284/1/- , disproportionate to his known sources of income, having been recovered from his possession between 9 and 10-9-1952, he had thereby committed an offence of criminal misconduct punishable Under Sec. 5 (2) of the Prevention of Corruption Act. As it was alleged that the above acts were done by the Appellant in conspiracy with Bhagwat Singh and Gulab Singh a charge Under Sec. 120B, I. P. C. was also framed against him. There was another charge against the Appellant Under Sec. 465 of the Indian Penal Code.

(3.) The house of the Appellant was searched on 9-9-1952 at 9-30 p.m. by Mazharul Haq, sud-inspector along with Udaibir Singh, station officer, Colonelganj police station, other police constables, head constables and police officers, in the presence of Basdeo Prasad and Rama Shanker Misra. Among the articles recovered was one Potli which on being opened was found to contain a sum of Rs. 9,284/1/- in notes and coins.