KRISHAN KUMAR JAIN Vs. STATE OF H P

JUDGEMENT

(1.) THE present appellant was charged under Section 7 read with Section 13(1) (d) (i) of the Prevention of Corruption Act (hereinafter to be called as 'the Act') which offences are punishable under Section 13(2) of the Act for obtaining from Sh. Naudha Ram complainant a sum of Rs. 250/ - a gratification other than legal remuneration. This amount was alleged to have been taken by the appellant who was Patwari at the relevant time in order to enter some mutation on the basis of civil court decree procured by the complainant. The aforesaid occurrence is alleged to have taken place on 6th March, 1990.

(2.) COMPLAINANT Naudha Ram arranged for Rs. 250/ - and on 6th March, 1990 he visited the office of Superintendent of Police (Vigilance) Dharamshala, where he met Dy. Superintendent of Police Mr. Rudh Ram (since deceased) to whom he narrated the entire episode. Dy. Superintendent of Police thereafter recorded the F.I.R. (Ex.PD) and then accompanied the complainant Naudha Ram to his house at Village Ansoli. On instructions of the Deputy Superintendent of Police complainant called two witnesses S/Sh. A.B. Rajbans (PW -2) and Madan Lal who belonged to his village. Complainant Naudah Ram handed over the currency notes of Rs. 250/ - in the denomination of rupees one hundred and three notes of the denomination of rupees fifty each.

(3.) CURRENCY notes given by the complainant were smeared with phenolphthalein powder. Numbers of currency notes were jotted down on memo Ex.PE. Thereafter, a demonstration was conducted. Phenolphthalein powder was sprinkled on apiece of paper held by Head Constable Roshan Lai (PW -5). In a glass of water sodium carbonate was added but the colour did not change. Thereafter Roshan Lal (PW -5) when dipped his hands in that solution, the colour of the water changed into pink. Regarding this demonstration, Panchnama (Ex.PE/1) was prepared. Thereafter, police put those currency notes in the front pocket of the shirt of the complainant with the direction not to touch them till paid on demand to the accused and also not to shake hands with the accused. Complainant was sent with Madan Lal as a shadow witness. Complainant was directed to hand over the money on demand to the accused and then give signal to the shadow witness Madan Lal by taking his hand over the head. Madan Lai in the same manner was to give signal to the members of the raiding party. Complainant and Madan Lal left to the Patwarkhana, Mataur, followed at some distance by raiding party consisting of Dy. S.P. Rudh Ram, H.C. Roshan Lal, Inspector Birbal, H.C. Baldev Singh, Constable Ram Asra and PW -2 A.B. Rajbans. The members of the raiding party hide themselves near the Parwarkhana and the complainant Naudah Ram entered the Patwarkhana but the accused was not there, who came after about 10 -15 minutes. Complainant handed over those smeared currency notes to the accused, who in turn counted the same and inserted them in the drawer of his table and thereafter agreed signal was given to Madan Lal the shadow witness, who in turn passed the same to the raiding party which rushed to the Patwarkhana, where Dy. S.P. Rudh Ram disclosed his identity and the accused was caught hold from his fore arms by Constables Ram Asra and Baldev. But, before reaching the raiding party inside the Parwwarkhana, accused noticed the complainant giving signal, on which accused took out the currency notes from the drawer and rushed to the adjoining bed room and placed the currency notes in the bed below pillow. Thereafter, Head Constable Roshan Lal searched the drawer and then got information from the complainant that the accused had put the currency notes in the bed below pillow. The alleged notes were kept on a polythene envelope which were taken into possession vide memo Ex.PE/2. A glass of water procured in which sodium carbonate was added, but the colour of the water remained unchanged. In that solution, accused was made to wash his hands, resulting in change of colour of water into pink. The hand -wash was poured in a nip, sealed with Seal 'T' and taken into possession vide memo Ex.PE/3. Thereafter currency notes Ex.P -1 to Ex.P -4 were taken into possession and serial numbers of the same tallied with the list Ex.PE. Specimen of seal (Ex.P4) was taken which seal after its use was entrusted to PW -2 Sh. Rajbans. After this Dy. S.P. vide memo Ex.PF took into possession Daily Diary (Ex.P -9), Mutation Register (Ex.P -8), Receipt Book (Ex.P -10) along with applications Ex.PA and Ex.PB.