KING Vs. S N SINGH RAI

JUDGEMENT

(1.) THIS is an appeal by the State against an order of acquittal in a bribery case. The resp., S.N. Singh Ray, the accused, was the Station Master of Meramundeli Rly, Station (B. N. Rly.) on 2 -2 -1947, the date of occurrence. The informant, P. W. 3 (Waiz Mohammad) is an agent of Khan Sahib Muhammad Khan, a merchant dealing in timbers & Kendu leaves with headquarters at Sambalpur. The agent had headquarters at Angul. P. W. 4, Luxmidhar Sahu, is another agent of Khan Sahib, stationed at Meramundeli Rly. Station, who owes subordination to Waiz Mohammad. The latter supplies money to the former for loading & unloading expenses of the goods. Luxmidhar keeps accounts separately relating to transactions in timber Ex. 10, & transactions relating to Kendu leaves, Ex. 10 (l). It is said by both of them that the accused Station Master was in the habit of demanding & receiving bribe @ Rs. 50 for indent & supply of only wagon for consignment of the aforesaid goods.

(2.) ON 28 -1 -1947, P. w. 3 filed a petn. of complaint before the Police Inspector of Delhi Special Police Establishment Branch (Govt. of India), Orissa, Sri A. N. Nayak (p. W. l), complaining against the conduct of the Station Master & informing that he had been asked to pay Rs. 100 on 30 -1 -1947, being the amount of Rs. 80 towards his arrear dues for having supplied wagons on four previous occasions & Rs. 20, the amount to be paid for the supply of a wagon on that date. The Inspector took up investigation & requisitioned the presence of the Mag., Sri B. Sarangi, with him at Meramundeli Station at the material time. After due consultations between the Inspector & P. W. 3, it was settled that the bribe amount of Rs. 100 should be paid in ten ten -rupee G. C. notes of which the denominations were noted by the Inspector & later by the Mag. before they were banded over to the Station Master. The Inspector & the Mag. lay in ambush at a little distance from the Station Master's Office on the morning hours of 2 -2 -1947 near about the appointed time for payment. P. Ws. 3 & 4, it is said, went into the Station Master's office & handed over the notes. On their coming out & signaling to the Inspector & the Mag. they immediately rushed into the Station Master's room & on the Inspectors demand, the Station Master produced ten ten -rupee notes from the left pocket of his trouser, being the notes delivered to him by the prosecution witness 3. On comparison, the notes were found to bear the same denomination as had been taken note of by the Inspector & the Mag. Due formalities of preparing the seizure list were gone through & the Station Master was charge sheeted.

(3.) THE prosecution, in support of the charge, examined, besides the Inspector and the Mag. 4. witnesses testifying to the occurrence of ''payment by p. w. 3 & receipt by the resp. of the amount as bribe'. The learned Mag., in a well considered judgment has found that the proof, adduced by the prosecution , except raising a grave suspicion against the Station Master, is hardly sufficient to bring the charge home to him. He has, therefore, given him the benefit of doubt. The task before us is whether there are materials enough on record which would enable us to come to a different finding. i would profitably quote from the learned Mag.'s judgment a passage embodying his finding, namely,