ARAKHIT JENA Vs. STATE

JUDGEMENT

(1.) Accused convicted under S. 5(1)(d) of the Prevention of Corruption Act, 1947 (hereinafter referred to as 'the Act') and S. 161, Penal Code preferred this appeal, During pendency of the appeal, he expired and his son has obtained permission under S. 394, Criminal P.C. to continue the same to get acquittal of his father recorded.

(2.) Accused was Officer-in-charge of Malakangiri Police Station. Informant (P.W. 8) as Engineer who was a retired army personnel was carrying on business of work contract under State Irrigation Department at Malakangiri. Prior to it, he was carrying on business of purchase and sale of tin ore from the members of scheduled tribe of the area in partnership with two others. P.W. 3 was the Circle Inspector of Police of Malakangiri Police Circle. P.W. 1 is Deputy Superintendent of Police (Vigilance) stationed at Berhampur. P.W. 7 was the Deputy Superintendent of Police (Vigilance) stationed at Jeypore within whose jurisdiction comes Malakangiri area. P.W. 4 was the Assistant Controller of Weights and Measures, Jeypore. P.W. 6 was the Senior Accountant of the District Police Office, Koraput. P.W. 3 is a co-villager of P.W. 8. D. W. 1 was a Writer Constable of Malakangiri Police Station under the accused. C. W. is a deed writer of Malakangiri.

(3.) On 28-10-1983, while accused was Officer-in-charge of Malakangiri Police Station, he seized a truck bearing registration number ORK 6456 loaded with about 150 kgs. tin metal. At about 11 a.m. accused sent or P.W. 8 through one Assistant Sub-Inspector of Police when P.W. 8 was constructing his house. On getting information P.W. 8 proceeded to the Police Station to find the truck with metals and his previous partners in tin business Tirupati Patnaik and Apala Narasia. Accused informed P.W. 8 that the tin ore in the truck being of P.W. 8, he would arrest saying when P.W. 8 explained that he has left the business to the knowledge of accused since one year being involved in a criminal case in that respect and his previous partners are continuing the business, accused secretly discussed something with those two persons and thereafter scolding P.W. 8 in filthy language, arrested him. Accused stated that you had escaped earlier and that day he cannot escape since he is black-marketing cement and doing business in Tin ore without paying anything to accused. He should pay henceforth Rs. 1,000/- regularly every month for carrying on business within Malakangiri. He demanded Rs. 1,000/- for that tin or case failing which many other false cases would be instituted against him and he cannot remain within Malakangiri. Finding no way out P.W. 8 agreed to pay Rs. 1,000/- within 15 to 20 days after arranging the same. P.W. 8 who had been arrested was forwarded to Court on 29-10-1983 where he was released on bail. P.W. 8, thereafter, came to the police station where accused again reminded him and stated that he would be available from 15th Nov., 1983 to 20th Nov., 1983. P.W. 8 went to Berhampur and complained before Superintendent of Police (Vigilance). On his advice he came back to Jeypore and lodged a written report (Ext. 12) on 16-11-1983.