CHANDER DARYANI Vs. STATE OF M P

JUDGEMENT

(1.) The Special Judge, Rewa i.e the First Additional Sessions Judge, Rewa vide his judgment dated 30-1-1979 passed in Special Case No.4 of 1978 convicted accused appellant Chander Daryani under section 161 of the Indian Penal Code and section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act and sentenced him to rigorous imprisonment for two years on two counts with a direction that the sentences would run concurrently. This appeal by the accused-appellant is directed against his abovesaid conviction and sentence.

(2.) The accused-appellant was working as an Assistant Jailor at Central Jail Rewa at the relevant time in the year 1977. P.W. 1 Ramautar had worked as a warder in the said jail during the period 1974 to 1970. It was clear from the evidence produced in the case that after he had committed an act of dereliction in his duty during the period of emergency, he was removed from service in September 1976. It was also clear from the evidence that in October, 1977 he made an application to the Inspector General of Prisons at Bhopal for his reappointment and obtained a direction from the latter to the Jail Superintendent at Rewa to the effect that he be reappointed on any vacant post of a warder in the said jail.

(3.) The case of the prosecution against the accused-appellant was that when on the strength of the abovesaid direction issued by the Inspector General of Prisons in his favour P.W. 1 Ramautar approached the jail authorities at Rewa, and the jail authorities directed him to see the accused- appellant and obtain from him information as to whether any post of a warder was vacant and he therefore saw the accused-appellant on 18-11-1977 and asked him to do the needful in the matter, the accused-appellant demanded a bribe of Rs. 200/- from him stating that in case the said amount was not paid he would give a report to the effect that no post of a warder was vacant in the jail. According to the case of the prosecution, the accused-appellant was also looking after the work of Establishment Officer at that time. On P.W. 1 Ramautar making a request to him that he was a poor person and could not pay the amount of Rs. 200/- in a lump sum, the accused- appellant agreed to accept Rs. 50/- in the first instance and the balance amount of Rs. 150/- afterwards.