M.A. MATHAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the order passed by Shri P. Dutta, learned Judge, Special Court, Howrah, convicting the appellant under Sec. 161 I.P.C. and under Sec. 5(2) of the Prevention of Corruption Act, 1947 and sentencing him to R.I. for two years and also a fine of Rs. 500.00 in default, to suffer R.I. for five months more under Sec. 5(2) of the Prevention of Corruption Act, 1947. No separate sentence however, was passed under Sec. 161 I.P.C.

(2.) According to the prosecution on or about 23.9.1975 Mr. M.A. Mathai was posted as a Sanitary Inspector with office adjoining Howrah Maidan and about 170 sweepers working in the Howrah Station area and the Railway colonies at Telkalghat, etc. were under his charge. It was his duty to record the attendance of these sweepers who used to get their wages on the basis of such attendance recorded by him. The sweepers used to be deprived of their wages for the period of absence. Taking advantage of his authority over the sweepers Mr. Mathai, the accused was in the habit of taking dusturi or illegal gratification from the sweepers every month under threat of making them absent Chairman (P.W. 2) and Gangaram (P.W. 3) were such sweepers from whom the accused used to realise Rs. 20.00 every month as dasturi. Being unable to bear with this oppression they contacted Susanta Kumar Ghosh (P.W. 7), a Railway employee, who contacted the office of the Central Bureau of Investigation in Calcutta and a trap was planned to catch the accused red handed. Both of them got their wages on 22.9.75 and as usual the accused demanded dasturi on that very day from them. They assured him that such payment would be made on the following morning. They went to the office of the C.B.I. with P.W. 7, where Gangaram submitted a written complaint on the basis of which a case was started in the C.B.I. office against the accused. Mr. J.N. Chatterji (P.W. 9), Deputy Superintendent of Police, C.B.I. and Mr. K.C. Mukherji (P.W. 10), Inspector of Police. C.B.I., made the arrangement for the trap on the following morning and two independent witnesses were procured. They were Tapendranath Chatterjee (P.W. 5) and Basudev Chakravarti (P.W. 6). All of them gathered near the office of the accused. Two ten rupee notes were taken from each of the two sweepers (P.Ws. 2 and 3) and their numbers were taken and the notes were tainted with a chemical powder which would turn the hand washing to pink colour if the hand coming in contact with the tainted notes was washed in water mixed with soda ash. After making the demonstration P.W 9 handed over the currency notes to P.Ws. 2 and 3 who went to the office of the accused followed by the officers and the trap witnesses. While the two sweepers entered into the office room of the accused the other stood outside to hear the conversation between the two sweepers and the accused. At first they pleaded their inability but being persisted by the accused P.Ws. 2 and 3 made over the marked currency notes to the accused and came out. At ones the C.B.I. officers with the witnesses entered into the office of the accused and disclosing their identity challenged the accused and thereafter, the accused produced many currency notes from the pockets of his trouser from amongst which the four currency notes were sorted out. The hand of the accused was washed in water mixed with soda ash and the colour became pink. The accused was taken into custody. The investigation was made by Mr. K.C. Kanungo (P.W. 11), Deputy Superintendent of Police, C.B.I. Sanction for the prosecution of the accused was obtained under Sec. 6(1) of the Prevention of Corruption Act, 1947 from Dr. M. Kumar, Medical Superintendent. Eastern Railway, Dhanbad who was competent to remove the accused from service. After completing the investigation the I.O. submitted the charge sheet against the accused and the case was tried by the Special Court after it being allotted by the Government of West Bengal.

(3.) The defence was a plea of innocence. It was the specific plea that on 1.9.1975 the accused at the request of Chairman (P.W. 2) made an advance of loan of Rs. 40.00 to Gangaram (P.W. 3) who executed a hand note written by Dinanath Ram (D.W. 1). The loan was to be repaid within 15 days. On 22.9.1975 P.W. 3 got his wages and in the morning on 23.9.1975 both P.Ws. 2 and 3 want to the office of the accused and on demand made by the accused P.W. 3 handed over four ten rupee notes to the accused.