K P SARMA Vs. STATE

JUDGEMENT

(1.) The appellant was trifd by the Special Judge, Special Police Establishment Cases, Secunderabad for offences under sections 161, Indian Penal Code and 5 (2) read with section 5 (1) (d) of the Prevention of Corruption Act and was convicted and sentenced to one year rigorous imprisonment under each of the counts. But, the sentences were directed to run concurrently. He has filed this appeal challenging his conviction.

(2.) The appellant was the Branch Manager of the Life Insurance Corporation of India at Visakhapatnam from March, 1962 till 30th January, 1964. It is alleged that he demanded and accepted from P.W. 1, a Development Officer in the same office, a sum of Rs. 300 as gratification other than legal remuneration as a reward for having helped P.W. 1 in the settlement of his long pending travelling allowance bills. It appears that in the month of February, 1958, P.W. 1 had submitted to the Life Insurance Corporation, Sub-office at Vizianagaram his travelling allowance bill from March, 1957 to December, 1957. The bill for the month of June, 1957 was passed on to Visakhapatnam Branch Office for payment since it related to a journey pertaining to Visakhapatnam Branch office. The bills for the month of November and December, 1957 were passed by Vizianagaram Sub-office ; the amounts of which were received by P.W. 1. But, the remaining bills were not passed on the ground that the accounts for 1957 were closed and since then P.W. 1 had been making efforts to get the payment for these bills. It was in March, 1958 that P.W. 1 received a letter from Vizianagaram Sub-office saying that his bills could not be passed as the accounts for 1957 were closed. He made another representation through the appellant regarding the settlement of the pending bills. It is said that the appellant promised to help P.W. 1 had also addressed a letter, Exhibit P-1, dated 14th January, 1963 to the Zonal Manager with regard to the settlement of his bills. It is said that on 8th January, 1964 when he (P.W. 1) went to the Life Insurance Corporation Branch Office at Visakhapatnam at about 11-30 A.M. the appellant called him to his room and told him that he had received orders form the Divisional Office for the settlement of his bills which amounted to Rs. 1,130-90 Ps. The appellant then called the section head, Bhagavanlu, P.W. 9, and instructed to arrange payment of the amount in cash that day itself. It is also alleged by P.W. 1 that the appellant emphasised the fact that he was instrumental in getting these bills passed and, therefore, P.W. 1 must be thankful to him. After this the appellant left the office. P.W. 9 asked P.W. 1 to come at about 4 o'clock to receive the amount to which P.W. 1 replied that it was not possible for him to come at that hour and asked P.W. 9 to give him a cheque for the amount because P.W. 1 had heard that the appellant was collecting bribes from Development Officers, Agents, and Policyholders and he might ask for a bribe from him as well, as he had instructed P.W. 9 that P.W. 1 should be paid in cash. It was because of this ground that P.W. 1 insisted on payment being made by cheque.

(3.) On 10th January, 1964, P.W. 9 told P.W. 1 to contact the appellant and P.W. 1 avoided on the apprehension that the appellant might ask him for payment of some amount as he had received the travelling allowance. Then there is a lull for nearly ten days. It is only on 20th January, 1964, when P.W. 1 went to Sobji Motor Works at about 4 P.M. for getting his car checked and happened to find the appellant there, the appellant called P.W. 1 aside and told him that he was expecting to be paid a substantial portion of the amount received by P.W. 1 under the pending bills. The appellant also was said to have told him that he had to pay the school and college fees for his children and he had also lost some money at the races at Madras. He asked P.W. 1 to meet him on the 23rd of January, 1964 with a substantial amount. He also told him that he will be away on tour till the 22nd. P.W. 1 went to the Branch office on 22nd January, 1964 and to his surprise he found that the appellant was in his office. The appellant called P.W. 1 and asked him whether he had brought the amount to which P.W. 1 replied that he did not expect that the appellant would be in the office that day and, therefore, he did not bring the amount, to which the appellant said that he should bring the amount the next day. Thereafter, it appears, when P.W. 1 contacted P.W. 12 the Deputy Superintendent of Police, he told him that his jurisdiction does not extend to take any action against the employees of the Life Insurance Corporation, but he would contact the Officers of the Special Police Establishment. A call was put through but the line was not in order. Therefore, P.W. 12 advised P.W. 1 to send a report to the Superintendent of Police, Special Police Establishment at Hyderabad, and he accordingly sent Exhibit P-2 by post. On 23rd January, 1964, P.W. 1 went to the Branch Office at about 7-45 A.M. Then the appellant called him and asked whether he had brought the amount. Then, P.W. 1 seems to have told the appellant that he had spent all the amount that he had received and he would pay him on the 28th January, 1964. The appellant asked him to pay the amount earlier than 28th January, 1964. At this stage, it appears, that the appellant mentioned to P.W. 1 what he meant by a substantial amount by fixing it at Rs. 300. Again, on the 28th the appellant asked him whether he had brought the amount of Rs. 300 and P.W. 1, expecting the Special Police Establishment people to take some action, told him that he would bring the amount the next day on 28th January, 1964 the Inspector of Special Police Establishment, P.W. 15, contacted P.W. 1 and then P.W. 15 decided to lay a trap. P.W. 1 was asked to come to the Railway Rest