BIRANCHI NARAYAN MISRA Vs. THE STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment of the Special Judge, Bolangir, convicting the Appellant under Section 161 I.P.C. and sentencing him to rigorous imprisonment for one year.

(2.) APPELLANT Biranchi Narayan Misra was working as the Orderly Peon of the Taluq Magistrate at Birmaharajpur within Sonepur subdivision of the district of Bolangir from June 1950 to the end of August 1952. One Khetrabasi Mahanti was working during the said period as the Taluq Magistrate 1st class at Birmaharajpur. Both of them were sent up for trial for an offence under Section 5(2) of the Prevention of Corruption Act (Act II of 1947) on the ground that they habitually accepted illegal gratification. Five specific instances of acceptance of illegal gratification were mentioned in the charge, one of which was about their receiving Rs. 65/ - from one Pareswar Sethi (P. W. 9). There was also a charge under Section 120B I.P.C. against both the Taluq Magistrate and his orderly peon. The trial was held in the Court of the Special Judge, Bolangir, who acquitted both of them of the charge under Section 120B I.P.C. He also acquitted the Taluq Magistrate of the charge under Section 5(2) of the Prevention of Corruption Act. But so far as the Appellant was concerned, the learned Judge held that though the allegations in respect of four of the specific instances of receipt of illegal gratification Were not proved it was satisfactorily established that he accepted Rs. 65/ - from Pareswar Sethi. He, therefore, reduced the offence of the Appellant to one under Section 161 I.P.C. and sentenced him to one year rigorous imprisonment.

(3.) IN the meantime several complaints against the corrupt activities of the Taluq Magistrate at Birmaharajpur had reached the ears of the Sub divisional Magistrate of Sonepur who made enquiries and got him suspended. Some other Magistrate was sent to Birmaharajpur who continued the case against Pareswar Sethi and convicted him of the offence under Section 504 I.P.C. The records of the case against Pares war were however reported to have been destroyed by fire which broke out in the premises of the Birmaharajpur Magistrate's Court sometime later.