RAJESH SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT has filed this appeal against the judgment dated 15-1-1993 passed by Special Judge, Rewa in Special Criminal Case No. 7/86 convicting the appellant under Section 161 of Indian Penal Code and Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1947 and sentencing him to rigorous imprisonment for 2 years and rigorous imprisonment for 5 years with fine of Rs. 1000/- on each count respectively. Sentence directed to run concurrently.

(2.) BRIEF facts of the case are that the appellant was posted as Assistant Surgeon in Gandhi Memorial Hospital, Rewa. On 10-6-1985 Asgar Ali and Jebunnisa were sent to him for medical examination as a medico legal case. It is said that appellant demanded Rs. 200/- as bribe for sending correct medical report to police. When complainant Shakil Khan (P. W. 3) came to know about the demand of bribe by the appellant, he went to him and asked him to send the report as it is. Appellant repeated his demand of money from him also. Shakil Khan agreed to pay Rs. 200/to him in the afternoon of 11-6-1985. On 11-6-1985 Shakil Khan went to office of Lokayukt Rewa and submitted a written report (Exh. P-8 ). R. N. Singh, Dy. S. P. and R. B. Singh, Inspector, SPE, Rewa arranged a trap. They called witnesses B. D. Singh and Iqbal Ahmed to the Lokayukta Office and read over the compliant made by Shakil Khan. They obtained two hundred rupee notes from the complainant and noted their numbers in primary Panchnama (Exh. P-2 ). Notes were treated with phenolphthalein powder and were kept in the pocket of the complainant. He was instructed to hand over the aforesaid notes to accused without touching earlier and to give a signal after the money was received by him. A demonstration was also carried out to show that if phenolphthalein powder is dissolved in sodium carbonate solution, the solution would turn pink. All this preparation was recorded in Exh. P-2. Trap party comprised of Dy. S. P. R. N. Singh, Inspector R. B. Singh, Inspector K. K. Shrivastava, Head Constable Satyadeo, Constable Sadhulal, Constable Jamadar Singh, Constable Raj Bahoran, Gajraj Prasad shadow witness Iqbal Ahmed and complainant Shakil Khan proceeded to GM Hospital and reached there by 3. 30 p. m. At about 3. 45 complaint gave a signal. Trap party reached at the room where complainant told them that he had given money to appellant, who handed over money to another person sitting by his side. Inspector R. B. Singh and Dy, S. P. R. N. Singh asked about money from Ravi Datt and washed the hand of the appellant by the sodium carbonate solution which turned pink. That solution was seized in a bottle. Thereafter the hands of other person viz. , Ravi Datt, who had kept the notes in his pocket were washed by sodium carbonate solution whereby solution turned pink. The solutions were seized. Hands of complainant Shakil Khan were also washed in the solution and solution was seized. Two hundred rupee notes were recovered from the pocket of Ravi Datt and their numbers were tallied with the numbers mentioned in the primary panchnama. On finding the numbers same, the notes were seized vide seizure memo Exh. P-4. Panchnama of trap (Exh. P-7) was prepared at the spot. Sealed bottles of solution were seized vide seizure memo Exh. P-9. Casualty Registers were seized vide seizure memo Exhs. P-12 and P-15. Bottles of solution were sent for chemical analysis to FSL Sagar and their reports were obtained. After the aforesaid proceedings a Dehati Nalishi Report Exh. P-13 was recorded, on the basis of which First Information Report Exh. P-16 was registered by SPE Bhopal. After obtaining the sanction Exh. P-1 from and in the name of Governor by Chief Secretary, M. P. Government, charge-sheet was filed.

(3.) DURING trial, defence of the accused was that Shakil Khan had come to him and asked him to give report about the injuries of Asgar Khan mentioning more serious injuries, as according to him he (accused) had describe injuries of the opposite party as dangerous to life. On his saying that he would give injury report according to injuries actually received by the injured, Shakil Khan got annoyed and told that he will see him. According to him, injuries of both the parties were not dangerous. He had made entry in the MIX register and had also prepared the report. He had got injured Jebunnisa admitted in the hospital. According to him, on the day of incident he was taking pergolax tablets, which had main ingredient of phcnolphthalein, because of his touching pergolax tablets the sodium carbonate solution might have turned pink. According to him, he was falsely implicated.