STATE OF H.P. Vs. J.S. BANYAL

JUDGEMENT

(1.) STATE has appealed against the judgment dated 12th December, 2001, passed by learned Special Judge, Una, whereby respondent Dr. J.S. Banyal, who was charged with and tried for offences, punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988, has been acquitted.

(2.) CASE of the prosecution, as per evidence adduced by it during trial, may be summed up thus. On 20th October, 1995, at 11 a.m., PW -1 Hans Raj, accompanied by PW -3 Kamal Dev, went to Police Station, Anti Corruption Zone, Una, and lodged FIR Ex. PA, to the effect that on 21st September, 1995, he and his wife happened to have a scuffle with one Taro Devi, which resulted in some injuries to said Taro Devi and she had lodged a report with the police. Said Taro Devi was admitted to the hospital on the very day of the incident and was discharged on 1st October, 1995. The same day, PW -1 Hans Raj met the respondent and paid him Rs. 400/ -, as bribe, for changing the date of discharge from 1st October, 1995 to 6th October, 1995. Thereafter, the respondent took a bribe of Rs. 1,000/ - from Taro Devi and entered the date of her discharge, in the record, as 11th October, 1995, with a view to bringing the injuries in the category of grievous hurt. On coming to know about this, PW -1 Hans Raj went to the hospital on 19th October, 1995 and met the respondent and protested against his act of changing the date of discharging to 11th October, 1995, upon which the respondent demanded bribe of Rs. 500/ - to change the date again. On 20th October, 1995, PW -1 Hans Raj again went to the respondent accompanied by PW -3 Kamal Dev and in the presence of Kamal Dev also the respondent demanded Rs. 500/ - to change the medical certificate. PW -11 Raghu Ram Bhatia, Dy.S.P., recorded the FIR and, as per his note below the FIR, proceeded to the spot in the company of other police officials to conduct investigation. There is one Memo Ex.PB, per which PW -11 Raghu Ram Bhatia asked PW -1 Hans Raj to produce Rs. 500/ -. PW -1 Hans Raj produced ten currency notes of the denomination of Rs. 50/ - each, on which phenolphthalein powder was applied and those currency notes were put into the pocket of Hans Raj, with a direction to pay the same to the respondent. PW -3 Kamal Dev was required to become shadow witness. It was demonstrated to PW -1 Hans Raj and PW -3 Kamal Dev, how anything treated with phenolphthalein and then washed with water turned the water pink, when solution of sodium carbonate was added to it. The same day, PW -11 Raghu Ram and PW -3 Kamal Dev went to Haroli where the respondent was posted as Medical Officer in a Government dispensary. PW -1 Hans Raj and PW -3 Kamal Dev were directed to go to civil Dispensary, Haroli, while PW -11 Raghu Ram Bhatia went to the office of Naib Tehsildar and associated PW -2 Partap Singh, Naib Tehsildar, as independent witness. Pradhan of the Panchayat Gurbachan Singh (now dead) was also associated as independent witness. Around 4 p.m., respondent, who had gone to Una that day, returned to the Dispensary. PW -1 Hans Raj and PW -3 Kamal Dev went to the Civil Dispensary. PW -1 Hans Raj went inside the respondents room, while PW -3 Kamal Dev stood outside at the door. PW -1 Hans Raj passed on the money, treated with phenolphthalein powder to the respondent, who placed it in the drawer of his table. On noticing the respondent accepting the bribe money, PW -3 Kamal Dev gave the already fixed signal to the waiting party, comprising of PW -11 Raghu Ram Bhatia, PW -2 Partap Singh, Naib Tehsildar, and the abovenamed Pradhan of the Panchayat. The party rushed to the room of the respondent. He was caught hold of by his wrists and was made to wash his hands into a Thali. Solution of Sodium Carbonate was added to the hand -wash, which turned pink. That hand wash was poured into a nip and the same was sealed. Respondent was arrested.

(3.) I have heard the learned Deputy Advocate General as also the learned Counsel representing the respondent and gone through the record.