LALIT MOHAN PARAMAGURU AND Vs. THE STATE

JUDGEMENT

(1.) THE two Appellants Lalit Mohan Paramaguru & Mohan Munda are the Assistant Sub -Inspector and Constable of Police respectively. Lalit Mohan was convicted under Section 161 of the Indian Penal Code and was sentenced to two years rigorous imprisonment. Mohan Munda was convicted on two counts under Section 165 of the Indian Penal Code and was sentenced to one and a half years rigorous imprisonment on each count in both the sentences to run concurrently, by the Special Judge, Sambalpur.

(2.) BOTH the persons being public servants in the Police Department were charged that on 22 -11 -51 at Harikucha they obtained a fowl and two seers of Biri without consideration from P. W. 1 Had Kasan whose wife P. W. 2 had been involved in a theft case and thereby committed an offence under Section 165 and that on the next morning they accepted a goat and a bunch of plantains from Kanu Kisan as a gratification other than legal remuneration as a motive for forbearing to do an official act and thereby committed an offence under Section 161 of the Indian Penal Code. The prosecution was sanctioned by the Superintendent of Police who was competent to remove either of the Appellants from

(3.) MR . Rath appearing for the Appellants contended that there was no valid sanction for prosecution of both the Appellants and even assuming that there was a valid sanction it was with reference to only prosecution under Section 161 and not with reference to prosecution under Section 165 of the Indian Penal Code. Therefore, the conviction, according to him, is illegal. Ext. 2 is the sanction. It is a letter addressed by one R. Patnaik, D.S.P. to the S.P. on which the S.P. sanctioned the prosecution. The letter runs as follows: