LAXMI NARAIN MAHTON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Accused Laxmi Narain Mahton has appealed to this Court against his conviction on charges under Sec. 161 of the Indian Penal Code and also under Sec. 5(2/5(1) (d) of the Prevention of Corruption Act (hereinafter referred to as 'the Act') for having accepted Rs. 50/ - as bribe. He has been sentenced to suffer simple imprisonment for two years under Sec. 161 of the Indian Penal Code and another term of two years under Sec. 5(1)(d) of the Act and also to pay a fine of Rs. 50/ - in default thereof, to suffer another term of three months. The case against him for the corruption charge arose on a petition of complaint dated 21.9.77 made by P.W.5 Darbari Paswan alleging therein that the appellant, as a Station Superintendent at Railway Station Darbhanga junction demanded bribe of Rs. 50/ - for giving him employment to work as a casual labour, either in leave vacancy or in absence of permanent staff According to prosecution, a list is maintained of such casual workers and the substitute is engaged for working temporarily in such contingency of leave vacancy or due to absence of permanent staff on duty. The name of Darbari Paswan was on the list and he has claimed that he approached the accused -appellant to put him on duty on several occasions, but the accused was not prepared to oblige him by providing any such job unless he paid him a sum of Rs. 50/ - as gratification. Darbari Paswan being unwilling to make such payment, made a complaint to the Superintendent of Police, Central Bureau of Investigation at Patna on 21,9.77. On receipt of the complaint the Police Inspector of the C.B.I., R.C. Choudhary (P.W 3) was asked to submit his report with respect to the allegations of the alleged bribe, demanded by the appellant. According to the prosecution, it was again on 28.9.77 that Darbari Paswan met Laxmi Narain Mahto and asked him to allot some work and it is stated that the accused repeated his demand of Rs. 50/ in presence of P.W. 3 (R. C. Choudhary) whereupon this witness submitted his verification report to the S.P.C.B. I. The report is exhibit 6. P.W. 3 said in his report that the allegation of Darbari Paswan appeared to be true. A formal F.I.R. was drawn up and case of demand of illegal gratification was registered and P.W. 10 another Inspector of the Department named N.C. Jha was asked to investigate into the case. The Inspector (P.W. 10) in order to lay a trap, organized a party consisting of P.W. 3 R.C. Choudhary, P.W.8 B.N. Jha, another Inspector of the Department, P.W."9 Gurban Kumar, P.W. 13 D.B. Singh, two constables, P.W. 2 Siasaran Singh and P.W. 4 Kailash Singh were also taken in the party. The Inspector (P.W. 10) further sought the services of P.W. 7 Satyendra Prasad Singh, a Junior Engineer in the Telephone Department at Darbhanga and P W. 12 K.P. Varma an Inspector of the Income -tax Department. These two witnesses were also included in the raiding party to witness the drama of laying the trap as independent spectators. A prior requisition was given by P.W. 10 to the Department concerned, i.e. to the Telephone Department and also to the Income -tax Department to obtain their Services for the purpose and they were deputed by their respective Department.

(2.) The party came to Laheriasarai Dak Bungalow on 27.9.77. The complainant P.W. 5 Darbari Paswan was also invited there in the Dak Bungalow and he was introduced to every member of the raiding party. Darbari Paswan brought out 5 government currency notes, each one of Rs. 10/. domination , which was paid to the accused -appellant in his chamber at the Railway station in presence of the trap -witnesses and was subsequently recovered from appellant's possession. The notes were produced in court as material exhibit III/4

(3.) The case of the prosecution is that when the raiding party assembled at the Dak -bungalow, a practical demonstration was conducted there. The currency notes were besmeared with phenol powder. A solution of sodium carbonate was also prepared in a glass of water. The phenol powder was applied to a piece of paper. One of the witnesses P.W. 12 K.P. Verma was asked to touch the paper, which was treated with phenol powder and thereafter his fingers were dipped in the solution and according to the prosecution, the solution turned pink in colour. The coloured solution was kept in a different file (marked Ext. 1), separately sealed and signed. The tainted G. G. notes were then made over to Darbari Paswan and necessary instruction was given to him to pass on these notes to the accused -appellant at bribe and the plan of action to be taken was explained to each member of the raiding party. P.W. 7 was asked to remain close to the decoy P. W. 5 Darbari Paswan and he was further asked to give a signal, the moment the transaction was completed and all others were directed to rush in to catch hold o(sic) the accused on receipt of the signal.