STATE Vs. MADAN MOHAN

JUDGEMENT

(1.) MADAN Mohan, respondent, was tried and convicted for an offence under Section 161 I.P.C. by Additional District Magistrate Barnala and was sentenced to a fine of Rs. 800/ -. The conviction was, however, set aside on appeal by the Sessions Judge, Barnala and this is an appeal by the State under Section 417 Code of Criminal Procedure against the order of acquittal.

(2.) BRIEFLY stated the prosecution case is that Ganga Ram P.W. 1 was a teacher in the Primary School at Pharwahi (District Barnala), and Madan Mohan respondent was the Head Clerk in the office of the District Inspector of Schools, Barnala. On 26 -4 -1950, Madan Mohan demanded Rs. 100/ - as bribe for getting Ganga Ram promoted to the grade of Rs. 50 80 -4 -100. Ganga Ram was told that since he was an untrained teacher he had been placed in the grade of 40 -2 -60 and that he could get the higher grade of trained teachers if he was prepared to meet the respondent's demand. Ganga Ram expressed his desire to satisfy himself by having a look at the integration list before negotiating with Madan Mohan. FOR this purpose, he went to Patiala in the last days of the month of June and found that he was already placed in the Upper -grade of trained teachers. He, therefore, did not have any further talk on the subject with Madan Mohan. On 14 -7 -1950 he received the intimation in writing (Ex. PA) from the Head Clerk that he was required to attend the office to yet his service book completed. Santa Singh P.W. 9 is stated to have delivered him this chit and also to have conveyed a verbal message from Madan Mohan that he was required to pay the settled amount, failing which he (Ganga Ram) would be transferred to some far of place. Santa Singh is also stated to have brought the news that Madan Mohan would feel satisfied by accepting Rs. 60/ - instead of Rs. 100/ -. On 15th July, Ganga Ram applied for leave and also wrote back to Madan Mohan that he would be meeting him soon and the no action should be taken in the meantime

(3.) ON the question of demand for illegal gratification and its payment to the accused we have got the solitary statement of Ganga Ram and it is also a fact that he has not been quite consistent on some of the points. It may here be mentioned that the office of the District Inspector of Schools, Barnala is located in three rooms on the first floor of the building known as Qila Mubarik Barnala. The District Courts are located on its ground floor and the distance of the room in which S. Muni Lal, Magistrate 1st Class, was holding his Court those days was about 60 yards from the office of the Inspector of Schools. Out of the three rooms on the first floor one was meant for the clerks and its adjoining room connected by a door was used by the District Inspector as his office. The Additional District Inspector of Schools used to sit in the third room which adjoins the second but has no inter -communications. These rooms will hereafter be called; as rooms Nos. 1, 2 and 3 respectively for the sake of brevity. An almirah for keeping the records of the office was placed in room No. 2 and its key, as stated by S. Durga Parshad, District Inspector of Schools, used to remain with the respondent in his capacity of a head -clerk for the office.