RAMAUTAR MAHTON Vs. STATE

JUDGEMENT

(1.) The Special Judge of Monghyr has acquitted the appellant of a charge under Section 5(2) of the Prevention of Corruption Act (II of 1947) (hereinafter to be referred to as Act II) but has convicted him under Section 409 of the Penal Code, and has sentenced him to undergo rigorous imprisonment for three years.

(2.) A halka is the lowest unit of revenue administration in a district, and a Karmachari is in charge of one or more halkas, A number of halkas are under the control of a circle office which is headed by a Circle Officer. The appellant was the Karmachari of halkas Nos. 44, 45, 49 and 52 with his office at a village named Chakai. A village named Kathwara fell under Halka No. 49. The headquarters of the circle office was located at Jhajha, and Shri B. Jha (P. W. 7) was the Circle Officer in 1954 and 1955.

(3.) The Prosecution case is that, on 29-11-1954, Shri B. Jha (P. W. 7) visited Kathwara. and several persons then complained to him that the appellant was in the habit of realising money illegally from them. After making an enquiry, he sent a prosecution report (exhibit 3) dated 6-10-1955, to the Sub-Inspector of Police, Chakai. In this report, he gave details of twelve instances, and stated that they showed that the appellant had "taken illegal gratification in his capacity as karmchari and misappropriated the Government money". The Sub-Inspector attached a formal first information report from (exhibit 3/1) to it. The Deputy Superintendent of Police was not available, and hence the Subdivisional Magistrate entrusted the investigation of this case to the Sadar Inspector of Police (P. W. 10). The Inspector addressed a letter (exhibit 6) to the District Magistrate, requesting him to sanction the appellant's prosecution for offences described in Section 5(1)(a) and 5(1)(c) of Act II as that was required under Section 6 of the same Act. The sanction order dated 20-5-1956, is exhibit 7, and the District Magistrate stated therein, after giving brief facts of the case, that, a prima facie case having been made out against the appellant, his prosecution under Section 161 of the Penal Code was sanctioned.