STATE OF MAHARASHTRA Vs. PUNDLIK BHIKAJI AHIRE

JUDGEMENT

(1.) JITRAO Damu Mahale, whom we will here after refer to as the second accused, were tried by the Special Judge, Ahmednagar, in Corruption Case No. 1 of 1958, for offences respectively un der Ss. 161 and 165a of the Indian Penal Code The learned Special Judge acquitted the two accused, and against the order of acquital this appeal has been preferred by the State of Bombay.

(2.) THE material facts which give rise to the prosecution may be briefly stated. Chapter proceedings were started by the Police against one Mohanlal Doshi in the Court of the Executive Magistrate at Sangamner. The proceedings was then transferred to the Court of the Special Executive Magistrate at Ahmednagar. The first accused was the Presiding Officer of the Court of the Special Executive Magistrate at Ahmednagar, The second accused is the son-in-law of the first accused and was employed in the police force as a constable. He was posted in the month of September 1957 at Rahata in the district of Ahmednagar. Before 25-9-1957 three witnesses on be-half of the State had been examined in the case against Mohanlal Doshi and the case stood ad" foamed till that date. On 25th September Mohanlal Doshi sent a telegram addressed to the Magistrate requesting that an adjournment be granted because his presence was required in another Court in certain other proceedings in which he was concerned. The prosecutor applied for the issue of a warrant for arrest of Mohanlal Doshi in view of the latter's absence from Court on the date fixed. The first accused granted that application. On 26-9-1957, Mohanlal Doshi appeared before the first accused and requested him to discharge the warrant. The first accused complied with his request and on the undertaking given by Mohanlal to appear before the Court on 16-10-1957, it was directed that no warrant be issued. The case then stood adjourned to 16-10-1957. On 30th September 1957, there was a fair at the village Korhale, and he second accused was posed as a constable on duty at the fair. Mohanlal attended that fair. The second accused met Mohanlal at the fair and told him that he had a message from the first accused about the chapter case proceeding. The second accused informed Mohanlal that the first accused had asked him to inform Mohanlal that if the latter desired to be "acquitted" in the Chapter proceedings, he ? Mohanlal ? should pay Rs. 400/- 'to the first accused. Mohanlal told the second accused that the demand was excessive, and offered to pay Rs 100/ -. The second accused told Mohanlal that Rs. 100/- were inadequate, and that he was under orders of transfer and that Mohanlal may accompany him 'to the place of the first excused and settle the amount directly with the first accused. The second accused had received orders of transfer on 30-9-1957 from Rahata to Ahmednagar. He left charge of his duties at Rahata on 6-10-1957 and proceeded to Ahmednagar by the evening motor bus on 13th October 1957 and joined duty at Ahmednagar on the next day. On 13-10-1957, the second accused before he left Rahata had met Mohanlal and informed him that he was leaving for Ahmednagar in the evening and asked Mohanlal to accompany him. In the evening of 13th October Mohanlal and the second accused proceeded from Rahata and reached Ahmednagar at about 8 P. M. Mohanlal arranged for putting up for the night at the Arya Nivas Hotel, and the second accused left to ascertain whether the first accused was at home. He returned after some time and informed Mohanlal that the first accused had agreed to see Mohanlal. The 2nd accused and Mohanlal then proceeded to the house of the 1st accused at about 9 P. M. There was then a meeting between the 1st accused and Mohanlal. The first accused told Mohanlal that he had sent word with the second accused demanding Rs. 400/-and should Mohanlal pay him Rs. 400/- order of discharge in the Chapter proceeding will be passed. Mohanlal protested that the amount was very large and he was unable to pay the same. The first accused then explained to him that Mohanlal was not likely to succeed in the proceeding and that even if he went in appeal he may have to spend a considerable amount. After some discussion it was agreed that Mohanlal will pay to the first accused Rs. 200/- in consideration of the latter agreeing to discharge Mohanlal in the Chapter proceeding. It was agreed that the amount was to be paid on 16-10-1957.

(3.) AT 11 A. M. on 16-10-1957 Mohanlal attended the Court of the first accused. The second accused met him and took him aside and asked him whether he had brought the money agreed to be " paid. Mohanlal stated that he had brought some gold but as it was Wednesday and the local bazar was closed it could not be sold but promised to secure the amount on the next day. The second accused then went into the Chamber of the first accused and he came out after some time and told Mohanlal that he may arrange for payment of the amount on 'he next day. The case was then adjourned to 4-11-1957 as some of the witnesses were not present.