P VENKATA RAO Vs. KING

JUDGEMENT

(1.) The petnr. P. Venkata Rao, has been convicted Under Section 161, I. P. C. and sentenced to rigorous imprisonment for three months & to a fine of Rs. 500 & in default to undergo further rigorous imprisonment for three months.

(2.) The complainant, Radhamohan Subudhi (p. w. 8), is a small trader in Dry Fish. He has certain other co sharers & co-partners in the buainess besides his neighbours & villagers, who also trade in the self-same commodities. It is said that on 19-11-1946, he & one Brabmaohari approached the petnr. (who was then the Station Master of Kalupara Railway Station) to settle with him as to what would be the rate per bag of Dried Pish to be paid to him, as inducement or reward, for indenting a waggon for transporting the Dried Fish from Kalupara Rly. Station to various other stations. Their case was that priviously the Station Master had been receiving Rs. 3 per bag but, of late, was making a higher P. Venkata Rao vs. King (27.10.1948 - ORIHC) Page 2 of 6 demand. The prosecution story goes on to say that after some higgling & haggling it was settled that he was to receive Rs. 3 per bag. that is a total sum of Rs. 240, for indenting a waggon for 80 bags of Dried Fish to be transported to Sambalpur Railway Station. P. w. 7, Mr. S. Chatterji, the Special Rly. Sectional Officer, deputed on the special duty of detecting corruption, noticed, from a distance, the higgling & haggling between the P. w. 8 & the petnr. After p. w. 8 came out of the Station Master's room, he contacted him & on enquiry, came to learn what had passed between him & the Station Master. He then persuaded him to file with him a complaint addressed to his superior officer, Mr. A. C. Naik, Special Inspector of Police (P. W. l), Radhamohan, however, did not agree to put in his complaint immediately, but took time to consult his copartners & other Dried' Fish traders before he could embark upon this proceeding. Later, on 20-11-1946, he wrote out a complaint to the dictation of the Sectional Officer (p. w. 7), who carried this to the Special Inspector of Police (Mr. A. 0. Naik, p. w. 1). The latter came down to Kalupara Rly. Station. There he, Mr. Chatterji, one Mr. Pal, another Special Anti corruption Officer, & Radhamohan conferred together, as a result of which it was settled that Radhamohan should receive twenty four marked ten-rupees currency notes from Mr. A. 0. Naik (p. w. l) & would make over the same to the Station Master, as agreed upon, whereupon the latter should be confronted & searched. Accordingly, Mr. A. C. Naik (p. w. 1) got the services of a First Glass Mag. (Mr. U. N. Patnaik) from the Sub-Divisional Mag. of Puri & got permission from him to investigate into this case, which he had no authority to do it being a non cognizable offence. On 22-11-1946, after the 80 bags of Dried Fish were loaded in a waggon, Radhamohan went to the Station Master to receive R/r on payment of a sum of Rs. 240, as already agreed between them. As soon as he made the payment & came out with the R/R, the Station Master was immediately surrounded by the Deputy Mag. Special Police Inspector & the two Special Sectional Officers & confronted with the question whether he had taken a bribe of Rs. 240. It is said that coming, to know that he was being interrogated by a Mag. & a Police Officer, he attempted to throw away the notes underneath the table but was interrupted from doing so. He looked blank &. ultimately made a statement which was recorded by the Mag. under Section 164, Cr. P. C. In that he said that the money had been kept with him for the sake of safe custody by Radhamohan,. who said that he had to go to his Pentho (seat of collection of Dried Fish) alone in this dark night. After this there was an investigation & the accused was put on trial as a result of which he has been convicted & sentenced as above.

(3.) Both the Cts. below have believed the prosecution version of the case & have found guilty.