BANGI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE appellant has been convicted, by the learned Special Judge of Mahasu, of an offence under 8, 5 (2) of the Prevention of Corruption Act and sentenced to pay a fine of Rs. 200/-, in default three months' simple imprisonment.

(2.) THE prosecution story is, briefly, as follows : -The appellant, Bangi Ram, was working as contingent clerk in the office of the Superintendent of Police, Mahasu, in 1950. K. L. Ghosh (who was prosecuted along with the appellant, but acquitted by the learned Judge) was then working as accountant in that office. It is common ground that three sums of Rs. 145/9/6, Rs. 215/6/- and Rs. 734/b/- were drawn by the appellant from the Imperial Bank of India, Simla, on the basis of contingent bills on behalf of the Superintendent of Police, Mahasu. The first two sums were drawn on 20-6-1950 and the third on 19-7-1950. The amounts were duly entered in the cash book and shown as paid to the accountant for disbursement to the various parties concerned. Out of the sums so drawn, a sum of Rs. 103/10/6 was meant to be paid to D. D. Mehta, petrol dealer, Sanjauli, as follows;- Rs. 71/2/6 out of the first amount of Rs. 145/9/6, Rs. 8/- out of the second amount of Rs. 215/6/- and Rs. 24/8/-out of the third amount of Rs. 734/5/ -. Although the amounts were shown in the cash book as having been disbursed soon after they were drawn from the bank it came to light that no payment was made to D. D. Mehta till 3-11-1950 and even then only a sum of Rs. 60/- was paid by Bangi Ram. For the balance, Bangi Ram gave a chit with the promise that he would effect payment on receipt of his salary,

(3.) ON these premises, both Bangi Ram and K. L. Ghosh were prosecuted under Section 5 (2) of the Prevention of Corruption Act. Ghosh was acquitted by the learned trial Judge and there is no appeal against his acquittal by the State, Consequently, we are not concerned with his case.