LAWS(ALL)-1988-4-126

DINESH CHANDRA SINHA Vs. STATE

Decided On April 12, 1988
Dinesh Chandra Sinha Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Appellant Dinesh Chandra Sinha was Agreement Clerk in the office of Executive Engineer, Electricity distribution Civilion I, Jaunpur in Nov. and December,.1979.- Nand Kishore Singh, P.W. 1, is resident of village Narhan Chakra let, P.S. Karakat, District Jaunpur. He is nephew of one Kurij Behari Singh. It is alleged by him that he and his uncle were joint. One Amin of his village held electricity service connection No. 271/3634. Prosecution story is that on Nov., 20, 1979 Kunj Bihari Singh moved an application for transfer of electric connection of aforesaid Amin. On 12.12.1979. Nand Kishore Sirigh and his uncle Kunj Behari Singh some to the aforesaid office of the Executive Engineer. They were served with a notice for depositing additional security of Rs. 368.00 and providing stamp paper of Rs. 5.00 revenue stamp of 20 p. and the witnesses for revised Agreement, with this notice. Nand Kishore Singh went to appellant who demanded Rs. 400.03 for expenses in addition to the money demanded in the notice. Nand Kishore Singh showed his inability to pay the amount of Rs, 400.00. There the appellant agreed to accept Rs. 200.00 in two instalment Rs. 100,00 being payable on 13th and Hie remaining Rs. 100.00 being payable on 15th Nanci Kishore Singh felt aggrieved with the illegal demand of the appellant and wanted to get him trapped Red handed he moved application to the District Magistrate who true directed that statement of Nand Kishore Singh be recoded by Magistrate. On the same day an executive Magistrate recorded statement of the appellant. Then the District Magistrate called trap Inspector Shailendra Bahadur Singh, P.W. 3, and directed that a trap be laid on the appellant. The the Inspector told bland Kishore Singh be the following day of the office with the two witnesses at 11 a.m. on the following day i.e., Dec. 13, 1979 Nand Kishore Singh along with the witnesses Lal Bahadur, P.W. 2 and one Mathur Chandra reached the official of the aforesaid Trap Inspector, Kishore Singh delivered a sum of Rs. 100.00 in a currency note of Rs. 10.00 and one currency note of Rs. 20.00. Trap Inspector treated the currency notes with phenapthlene powder and asked Nand Kishore Singh to count them. Then hands of Nand Kishore Singh was got washed - in solution of Sodium carbonate to which turned pink. Solution was then sealed in a phial. Memo of the currency notes recording numbers and treatment with phenapthlene powder was prepared. Then the currency notes were delivered back to Nand Kishore Singh who reaped them in a paper and kept in a pocket. Then accompanied by Trap Inspector, 3 Constables in plain clothes and aforesaid public witnesses at about 2 or 2.30 p.m. Nand Kishore Singh went to the appellant in his room. Nand Kishore Singh asked the appellant to take out his file. Appellant took out the file and filled up the form. Meanwhile only constable Akbar Khan, P.W. 5, was in the room. Trap Inspector and two other constables were waiting outside. The two public witnesses were also with Nand Kishore Singh appellant asked Nand Kishore Singh that his dement should be met then Nand Kishore Singh that his demand should currency notes to appellant who accepted them and held them in his hand. Soon after constable Attar Khan, P.W. 5, signalled to his trap Inspector. The trap Inspector along with his constables came in to the room. Hand of appellant was held up and currency notes Were it covered from his hand. Their numbers were compared with the numbers given in the memo prepared a day earlier and it was found that the numbers tallied. Currency note were sealed in a packet. Wands of appellants were got washed by solution of Sodium carbonate which turned pink. Solution was sealed in a phial. Then the hand of Nand Kishore Singh was got washed in the solution of sodium carbonate which turned pink solution was sealed in separate phial personal search of appellant was taken. Memo of the whole incident was prepared at the spot and ultimately first information report was recorded at the police station in terms of (he memo. Usual investigation was carried out by inspector Sheo Dhar Misra, P.W. 4, After completing investigation he obtained sanction for prosecution from the concerned super intending Engineer and submitted charge-sheet against ha appellant for offences under Sec. 161 I.P.C. and Sec. 5 (2) of the Prevention Corruption Act.

(2.) Learned Special Judge charged the appellant with offences of accepting illegal gratification and indulging in corrupt practice under Sec. 161 Indian Penal Code and Sec. 5 (2) of the prevention of corruption Act.

(3.) Appellant pleaded not guilty and came out with case of denial. His case was that the money thrust upon him and he jerked the hands of Nand Kishore Singh. According to him memo of the incident was prepares at the police station and the currency notes were forcibly planted on him at the police station.