NARAYAN Vs. STATE

JUDGEMENT

(1.) ACCUSED Narayan was convicted for an offence under Section 161, I. P. C. and was sentenced to six months' rigorous imprisonment and a fine of Bs. 100 by the Special Judge in charge of corruption cases.

(2.) THE present appeal is directed against that decision.

(3.) THE facts as alleged by the prosecution are that accused Narayan is a Sar Panch of Gram Panchayat' at Bhichholi. The complainant Lalman is a resident of that village. He applied on 17-3-1952 to the 'sar Panch for permission for reconstruction of his house. The accused on receipt of that application took no steps for some time. Complainant was anxious to secure permission early. He approached the accused for the purpose whereupon the latter demanded Rs. 5 for the grant of permission. The complainant, it is said with the intervention of some person approached the Anti Corruption Officer. An application Ex. P/6 dated 74-1952 was submitted by the complainant to the Police of the Anti-Corruption Department. It was decided by that Department to lay a trap. Complainant Lalman was then given five one rupee notes in order to be given to the accused as a bribe, Lalman who was called the next day went to Mr. Pawar of Anti-Corruption Department. There he disclosed that the accused had called him in Court and that money was to be given there. Thereafter the accused and Mr. Pawar along with the witnesses went to Agarwal Radio Store. There 'panchnama was drawn and marked five one rupee notes were entrusted to the complainant. One constable in plain dress was sent along with him. The complainant first went to find the accused in Court. On being unable to find him there he went to the side of the gate of Gandhi Hall compound opening on the Mal Godown Road. When he reached the gate the accused was seen coming from the opposite direction. There the complainant offered him five rupees. The accused, it is said, told him that they would go to take tea and there he would accept the amount. They thereupon went to 'ganesh Upahargraha'. The constable who had accompanied the complainant followed them and occupied a seat nearabout them. After both of them had taken tea the accused asked him to take out his five rupees whereupon the complainant first said to him that he was poor. The accused was not pursuaded by this allegation of poverty. He Insisted on having his five rupees. He threatened the complainant that In case the payment was not made he would not get requisite permission. The complainant thereupon gave him the marked five rupee notes. Thereafter they came out of the hotel. There the party of Anti Corruption Department arrested the accused. 'panchnama' was made of the five rupee notes in his possession,