P.K. SUBBIAH Vs. STATE

JUDGEMENT

(1.) THE petitioner has come to this Court on the Revision Side against the order of the Sessions Judge, Tripura, dismissing his appeal from an order of trial Magistrate convicting the petitioner under Section 161, Penal Code and sentencing him to 18 months' rigorous imprisonment and to pay a fine of Rs. 500/ -; in default of payment of fine the petitioner was to undergo a further period of 4 months' rigorous imprisonment.

(2.) THE prosecution case against the petitioner who was Executive Engineer of Assam Agartala Road Project (with Head quarters at Agartala), was that he accepted a bribe of Rs. 5100/ - from one Sushil Kumar Ghosh (P.W. 2) a contractor under him. It is suggested that in the beginning when the contractor applied for work, the Engineer told him that the work would be given to him if he would agree to pay 5 per cent of the bill dues. It this the contractor agreed. His name was entered as a B Class contractor with an understanding that he would be promoted to A Class afterwards. Some -advance for the 5 per cent, was demanded which was paid on getting the work. This 5 per cent, was afterwards raised to 10 per cent, by the Executive Engineer when time for payment of bills arrived. This percentage on the bill dues by that time would come to about to Rs. 7600/ - out of which Rs. 2500/ -had already been paid. Rs. 5100/ - were to be paid after encasing the last cheque for Rs. 63000/ -.

(3.) THE accused stated that he was innocent and that he had been falsely implicated by means of the trap. He also stated on 7.11.1950, that his written statement to his Superintending Engineer on the date of occurrence was his true statement. He pleaded not guilty to the charge and produced 3 witnesses in defence.