N S GANDIWAL GOPAL SWARUP BHATNAGAR Vs. STATE

JUDGEMENT

(1.) THE appellant N. S. Gandiwal was convicted and sentenced by the Special Judge Gwalior under Section 161 of the Indian Penal Code to undergo rigorous imprisonment for one year. He has appealed to this Court against his conviction and sentence.

(2.) THE facts giving rise to the prosecution case may briefly be stated as follows: One Bhag-wandas Khatri was living in house No. 730 known as "bachhes Latif's House' as a tenant of the Custodian of Evacuee Property on a rent of Rs. 4/- per mensem. It appears that he, in violation of the terms of the tenancy, sublet a portion of the premises occupied by him to certain other persons. A notice Ex. P. 19 was served on Bhagwandas by the Custodian Department requiring him to attend the Custodian's office on 8-8-1955. On that date the accused appellant put up a note Ex. P. 20 before the Assistant Custodian in which he expressed the opinion that he was not inclined to believe that the premises were worth only Rs. 4/- per mensem. He, therefore, suggested that the persons occupying the premises should be required to execute separate rent notes, each promising to pay rent at the rate of Rs. 4/- per mensem. The Deputy Custodian ordered thereon that separate rentdeeds may be executed and that 'fair rent may be drawn'. About a week prior to the incident in question the accused along with certain police constables went to the house of Bhagwan das and called upon him to pay up the arrears of rent and to vacate the premises. On a request being made by Bhagwandas for time being granted to him, the accused agreed to postpone action for about a week and the matter ended there at least for the time being. On 13-9-1955 Bhagwandas accompanied by Hukumchand went to the Custodian's office and offered to pay Rs, 24/- towards the arrears of rent till 31-81955. A receipt Ex. P. 13 was drawn up and signed by Puttusingh a clerk in the office.

(3.) THE case for the prosecution is that! Bhagwandas had been told by a chaprasi in the Custodian's office named Pannalal that the accused expected to be paid a bribe of Rs. 50/ -. Bhagwandas approached Hukumchand, the President of the Sharnarthi Association in order to consult him as to what he should do in the matter. Later on Pannalal's advice both Hukumchand and Bhagwandas paid a visit to the Custodian's office on 13-9-1955 in order to settle the matter. After some initial bargaining between the parties, the accused, it is alleged agreed to accept a bribe of not less than Rs. 35/- on condition that the occupants of the premises should execute separate rent-notes, each agreeing to pay a rent of Rs. 1/- per mensem. On the morning of 14-9-1955 Bhagwandas presented an application Ex. P. 14 before the Anti-corruption Officer in wliich he complained that the accused was demanding a bribe of Rs. 35/- from him. A trap was laid by the Anti-corruption Officer. Seven five rupee notes, which were produced before the Anti-corruption Officer by Bhagwandas, were after their numbers had been noted down in the presence of Panchas, handed over to Bhagwandas for being paid to the accused.