RABINDRA NATH MUKHERJEE Vs. STATE

JUDGEMENT

(1.) The appellant Rabindra Nath Mukherjee, a constable attached to Ranaghat Government Railway Police Station, was tried upon a charge under S. 161, Penal Code under the provisions of the West Bengal Criminal Law Amendment (Special Courts) Act, 1949, by Sri N. Banerjee, Judge, Special Court, Nadia. As a result of the trial thus held he was convicted and sentenced to pay a fine of Rs. 100/-, in default to suffer rigorous imprisonment for one month. He appeals against this order of conviction and sentence.

(2.) The facts briefly are that on 25-4-1954 the appellant was on duty on the Ranaghat Station platform at about 10-30 A.M. when Baidyanath Kundu (P. W. 10), a resident of Eastern Pakistan arrived at the station by the down North Bengal Express. After getting down from the train he proceeded to the Third Class waiting room. He had two mats with him which he was taking to his sister-in-law's house at Santipur. In the waiting room there were other passengers one of whom offered to purchase the mats. Baidyanath Kundu at first refused to sell, but at the insistent request of the gentleman he agreed and he was paid Rs. 3/- as the price thereof. The purchaser also paid -/8/-annas on account ot refreshment to the seller Baidyanath Kundu. The appellant who was on duty on the station platform evidently noticed the transaction and he came up towards Baidyanath Kundu and charged him with having been guilty of indulging in blackmarketing in respect of the articles. After having so charged the appellant, took Baidyanath towards the Government Railway Police Station and while so doing he asked Baidyanath to pay him some money. When Baidyanath was just a few steps away from the Government Railway Police Station, he demanded to know why money was being asked of him, when the appellant took away his purse which contained a sum of Rs. 5/- in notes and coins of Indian currency. Baidyanath had some Pakistani notes which were not taken; and he was then told to leave the station platform. After the accusedappellant had separated from Baidyanath, the latter met some witnesses in the case who were standing nearby and had seen the occurrence. Baidyanath Kundu related in detail what had happened whereafter those witnesses (P. Ws. 1, 2 and 3) took him to the shop of one Badriprosad Agarwalla (P. W. 6) close by. Prom Badri's shop Baidyanath was taken to the dispensary of Dr. Debnath Ghosh (P. W. 4) and shortly thereafter a Mukhtear (P. W. 5) of the local Bar and several other persons appeared at the dispensary when Baidyanath repeated what had happened to him. Baidyanath was taken to the station platform where he identified the appellant as the constable who had taken away Rs. 5/- from him in the presence of those witnesses. The party then proceeded to the Government Railway Police Station where an information was lodged by Baidyanath Kundu which was treated as the First Information Report in the case. Thereafter an investigation started which resulted in the submission of charge-sheet against the appellant who ultimately came to be tried in accordance with the provisions of the West Bengal Criminal Law Amendment Act, 1949, by the Special Court at Nadia.

(3.) The appellant was tried upon a charge under Section 161, Penal Code with having obtained from P. W. 10 Baidyanath Kundu a gratification other than legal remuneration as a motive for releasing him from custody,