RAM NARAIN YADAV Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The instant appeal has been preferred by appellant Ram Narayan Yadav seeking thereby to set aside the conviction under S.161, I.P.C. and under S.5(2) of the Prevention of Corruption Act, 1947, and sentences of two years' R.I. and one year's R.I. under the aforementioned sections respectively awarded to him in Criminal Trial No. 2 of 1979 by Sri. S.S. Srivastava, Special Judge, Deoria, vide his judgement and order dated 12-8-1983 in S.T. No. 2 of 1979.

(2.) Before descending on the prosecution case on the date of occurrence, it is worthwhile to delineate the facts and circumstances bearing upon the prosecution case preceding the date of occurrence in order to properly appreciate the prosecution case and the evidence adduced in aid thereof. The allegations are that the appellant was a Trainee Sub-Inspector and was posted at Police Station, Rudrapur, District Deoria in the year 1978. Chandrama Prasad Kewat complainant of the instant case was a resident of village Jungle Pipra situated within the circle of Police Station, Rudrapur, District Deoria. The aforesaid complainant had a brother named Rajdeo, who had twice been arrested and sent to Jail in cases under Ss.399/402, I.P.C. and S.25 Arms Act. In both the cases, he had been bailed out. In the latter case i.e. under S.25, Arms Act, Rajdeo had been set at liberty on bail by the Court concerned about 7-8 days prior to the date of the occurrence of the instant case. According to the complainant Rajdeo was arrested on the first occasion from his house in his village at about 7 a.m. at a time when he was engaged in thrashing and on the second occasion he was arrested from village Bhatauli Bazurg at 4 p.m. within the circle of P.S. Gauri Bazar at a time when he was ploughing the filed. The harassment began when on being bailed out in both the aforesaid cases, the accused-appellant, namely, Ram Narayan Yadav, the trainee Sub-Inspector had again started contemplating to involve the complainant's brother Rajdeo and also the complainant in some trumped-up cases. The accused Sub-Inspector, thus, put a demand upon the complainant to part with a sum of Rs. 500/- as illegal gratification in order to keep himself and his brother out of trouble, failing which he shall send them to Jail in some false cases. When the demand of Rs. 500/- from the Sub-Inspector continually persisted, the complainant submitted to pay Rs. 200/- at Laulahahi Bazar on 23-8-1978 at about 3 p.m. in order to keep himself and his brother away from any harm. Chandrama Prasad Kewat in the meantime, made an application Ex. Ka-13 before V.K. Bajpai, Deputy Superintendent (Anti-corruption Cell), Gorakhpur on 23-8-78, alleging that the aforesaid Sub-Inspector had been harassing and putting illegal demand on him to pay Rs. 500/- as illegal gratification or else he and his brother Raj Deo shall be implicated and sent to jail in some false cases. Ultimately, it was prayed in the said application that the above Sub-Inspector may be caught red-handed while accepting the bribe from him. V.K. Bajpai, Dy. Supdt. Gorakhpur (Anti-corruption Cell) recorded the statement of the complainant in his office itself at Gorakhpur. Thereafter, the complainant was directed by V.K. Bajpai to meet him at about 3 p.m. at village Chhapauli with Rs. 200/- for giving the same to the Sub-Inspector as the complainant had told him that he had not brought the money with him. Consequently, V.K. Bajpai along with Inspector Satya Narain Singh, constable Sant Raj Yadav and Peon Sethi reached Chapauli village at about 3.30 p.m. the same day in a jeep. Chandrama Prasad complainant met the Raiding Party there and he handed over Rs. 200/- to V.K. Bajpai in the presence of public witnesses Sidh Nath Pandey and Ganesh Singh of village Chhapauli in the Baithaka of the Math at Chapauli. Thereafter, V.K. Bajpai, P.W. 1 noted down the numbers of currency notes given by the complainant and prepared memo. The Dy. S.P., then, powdered the aforesaid currency notes with phenolphthalein and handed them back to the complainant for being given to Sub-Inspector Ram Narayan Yadav as bribe on his demand. The complainant took the aforesaid currency notes in his right hand and placed them in the upper left side pocket of his shirt. Thereafter, the complainant's right hand was washed in sodium carbonate solution. The solution turned pink. A sample of the said solution was preserved in a phial in sealed cover and joint memo Ex. Ka 4 to this effect was prepared on the dictation of V.K. Bajpai. The complainant was instructed by V.K. Bajpai that as soon as the appellant accepts the illegal gratification from the complainant he should signal to the Raiding Party by catching hold of the legs of the accused-appellant. Along with the complainant, two witnesses, namely, Sidhnath Pandey and constable Sant Ram Yadav moved forward from Chhapauli Math at about 4.40 p.m. for giving the bribe to the Sub-Inspector. After ten minutes of the departure of complainant and the witnesses, V.K. Bajpai, along with Satya Narain Singh, Inspector and others also followed them. After covering some distance, V.K. Bajpai and his partymen noticed on the road itself in front of the village Jungle Pipra near the culvert three armed persons one Sub-Inspector and two constables in Khaki Uniform taking to the complainant and the witnesses. V.K. Bajpai and Satya Narain Singh, Inspector took their seat in a tea shop situated on the left side of the road and asked for tea. V.K. Bajpai then saw the accused Sub-Inspector and the complainant talking at a distance of 8 to 10 paces from the constables and the witnesses but after about 10 minutes, the Sub-Inspector and the constables left towards Chhapauli on cycle at about 6 p.m. As the complainant had not caught hold of the legs of the accused, V.K. Bajpai understood that the money had not passed into the hands of the Sub-Inspector. After a little while, the complainant came to V.K. Bajpai and told him that the appellant Sub-Inspector had rebuked him and insisted for payment of Rs. 500/- instead of paying Rs. 200/- and he had asked him to pay Rs. 500/- to him next day at about 8 a.m. in his village where he himself would come for taking the money. The complainant further said that he had been again threatened by the Sub-Inspector for sending him to Jail in the event of his failure to pay Rs. 500/- V.K. Bajpai then recorded the statement of the complainant. Thereafter, the Dy. S.P. after giving necessary instructions to the complainant and his witnesses with regard to laying of the trap next day in the village of the complainant at 8 a.m., left for Gorakhpur.

(3.) Next day i.e. 24-8-1978 V.K. Bajpai along with Inspector Satya Narain Singh and others left Gorakhpur at about 6 a.m. in a Jeep and leaving the Jeep at a distance of one furlong from the village Chhapauli they marched to the village Jungle Pipra on foot and settled down in the Tea shop of Ram Lagan Kewat situated on the left side of the road. Chandrama Prasad, complainant and the witnesses were found sitting on a bench at the Tea shop of Shanker Baniya situated on the right side of the Road. V.K. Bajpai sent constable Sant Raj to Chandrama Prasad. They all waited for the arrival of the Sub-Inspector-appellant up to 11 a.m. but the appellant Sub-Inspector did not turn up. Meanwhile, the mother of complainant Chandrama Prasad came there and informed V.K. Bajpai that a man had come to her house with the message that her son Chandrama Prasad should meet the Sub-Inspector-accused at the Police Station, Rudrapur in the evening the same day. Learning this, V.K. Bajpai, Satya Narain Singh, Chandrama Prasad and witnesses left in a Jeep for Rudrapur. The party arrived at Gola Bazar Chauraha, Rudrapur at 6.30 p.m. the same evening and there V.K. Bajpai instructed Chandrama Prasad Kewat to go and meet the appellant Sub-Inspector at the Police Station along with constable Sant Raj Yadav introducing him as his relation for paying the bribe money on his demand. Consequently, both Chandrama Prasad and constable Sant Raj Yadav proceeded towards the Police Station and they met the Sub-Inspector Ram Narain Yadav just in front of the Police station. Upon seeing Chandrama Prasad, the appellant Sub-Inspector asked the complainant to wait and meet him at Gola Bazar Chauraha where he would be arriving soon. At about 7.15 p.m., Ram Narayan Yadav Sub-Inspector appellant arrived at Gola Bazar Chauraha covering himself with an Umbrella as it was drizzling. While talking with Chandrama Prasad, the Sub-Inspector proceeded with the complainant towards west from the Chauraha on Naguwa Road. The witnesses and constable Sant Raj Yadav also followed them. After a short distance the Sub-Inspector and the complainant while talking together stopped in front of the tea-shop of Bindeshwari. At that time, V.K. Bajpai and Satya Narain Singh were already sitting inside the Tea shop of Bindeshwari on a bench. The accused-appellant asked Chandrama Prasad as to why he had brought only Rs. 200/- when he had asked him for Rs. 500/- The Sub-Inspector further said to the complainant to pay up the remaining amount as well in due course and if he pays the full amount, he and his brother would remain safe so long as he is posted at the Police Station. Thereafter, the accused-Sub Inspector demanded the money from the complainant. Thereupon, the complainant took out the money i.e. Rs. 200/- from the pocket of his shirt and delivered the same in the right hand of appellant Sub-Inspector. The appellant counted the money with his hands and stuffed the same into the upper leftside pocket of his Bush-shirt by means of his right hand. Thereafter, the accused-appellant moved towards the Police Station. Without losing any time, V.K. Bajpai appeared at the scene of occurrence and disclosed his identity to the appellant. On being told by V.K. Bajpai that he had accepted the illegal gratification from Chandrama Prasad, complainant, the Sub-Inspector-appellant got unnerved and he made a vain bid to throw the currency notes out of his pocket by means of his left hand, but his attempt was squelched by V.K. Bajpai by catching hold of his left hand while Inspector Satya Narain caught hold of his right hand. The appellant in the meanwhile also made unsuccessful efforts to free him hands from the grip of V.K. Bajpai and Inspector Satya Narain Singh. However, the accused-appellant managed to push the money inside his under-shirt and bush-shirt. Meanwhile the rains picked up and V.K. Bajpai and others including the witnesses along with the accused appellant came inside the Janta Medical Store which was situated nearby. The Medical Store belonged to Dr. Naseer Ahmad Siddiqi. It was inside the Janta Medical Store that accused-appellant was subjected to a search and the search of his person yielded the same currency notes of Rs. 200/- which Chandrama Prasad had delivered to the Sub-Inspector. These were also the same currency notes which Chandrama Prasad had given to V.K. Bajpai on 23-8-1978 at village Chapauli who after nothing the numbers of the currency notes in the memo Ex. Ka 4 and after powdering them with phenolphthalein had returned the same to the complainant for being given to the Sub-Inspector as bribe. The numbers of the currency notes also tallied with the number of currency notes mentioned in the aforesaid memo. A recovery memo Ex. Ka 6 was prepared by V.K. Bajpai in the presence of witnesses e.g. Dr. Nasser Ahmad Siddiqi, Sidharth Pandey, Ganesh Singh and others who had also signed the recovery memo Ex. Ka 6. The recovered articles service revolver etc. from the person of the Sub-Inspector including the recovered bribe money of Rs. 200/- were sealed. Thereafter, both the hands of accused were dipped into the water and washed in the solution of sodium carbonate and the solution became pink. The solution was preserved in a clean phial and sealed and a memo was also prepared. The upper left pocket of the bush-shirt of the accused was also subjected to washing in sodium carbonate solution. The colour of the same also turned pink. Likewise the under shirt of the appellant was also dipped for washing in sodium carbonate solution and the solution also turned pink. The bush-shirt and the under shirt were sealed in a bundle and requisite memo was prepared. The aforesaid solution was also preserved in a clean phial and sealed. A memo was also prepared for the same. The recovered articles including a service revolve from the possession of the Sub-Inspector were taken possession of and, thereafter, the raiding party reached police station, Rudrapur along with the accused and the accused was put behind the lock-up of the Police Station while the recovered articles were placed in the Malkhana. The chick report was prepared by Kamlesh Tiwari, PW 3 on the basis of the recovery memo Ex. Ka 6 at 9.15 p.m. the same day submitted by V.K. Bajpai. A case under S.161, I.P.C. and S.5(2) of the Prevention of Corruption Act was registered in the General Diary of the Police Station against the Sub-Inspector Ram Narain Yadav. Thereafter, necessary investigation followed and after completing investigation, Ugra Sen Pal Singh submitted charge-sheet against the appellant on 1-12-1978.