RAM SWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgment, dated 5.5.1981 of Special Judge for A.C.D. Cases, Jaipur challenging the conviction and sentence passed by the learned Judge. The learned Judge convicted the appellant for offence under Sec. 161 Penal Code and Sec. 5 (1) (d) read with Sec. 5(2) of the Prevention of Corruption Act and sentenced to undergo on each of the count one year and six months rigorous imprisonment and a fine of Rs. 300.00, in default of payment of fine to further undergo three months rigorous imprisonment. However, he directed the substantive sentences to run concurrently.

(2.) The prosecution case started with filing of written report by Ram Sahai son of Chander, resident of village Kunjela before Deputy Superintendent of Police, Anti-corruption Department, Sawaimadhopur in the latters office at Sawaimadhopur. He was accompanied with the scribe of the report, Srinarain Meena. In this report Ex.P. I it was alleged that the applicant Ram Sahai is an agriculturist who has five bighas of agricultural land in his cultivatory possession bearing khasra No. 501 in village Kunjela. This land was alleged to have been regularised by the then Tehsildar in the year 1972. Alongwith him land had also been allotted to his brother Ram Swaroop Meena. It was alleged that opposite party filed a case about applicants land in the Board of Revenue, Ajmer. The applicant is cultivating the land and at the relevant time also there was standing crop of gram. He also mentioned that he has been continuously paying the land revenue for this land but he learnt that Patwari Ram Swaroop has done the girdawari of this land in the name of opposite party. When he learnt about it he went to Shri Ram Swaroop Patwari and asked him that it should have been in his name, why it has been done in the name of other party. Patvari thereupon told him that if he would pay him Rs. 200.00 as bribe he will change in his name. Thereupon the applicant told the Patvari that he will give him Rs. 200.00 but he will have to put his brother Ram Swaroop also in possession of the land allotted to him. The Patvari had agreed to this preposition but it was alleged by the complainant that he does not want to give bribe to the Patvari, hence he has come to make this complaint. This report was received by the Dy. S.P. of which he asked the complainant to tell him the date and place for acceptance of the bribe to which Ram Sahai stated that it has not been settled, hence the Dy. S.P. thought it proper to go to Gangapur, since the Patvari Ram Swaroop was resident of Gangapur and was likely to be available at that place according to Ram Sahai. They left Sawaimadhopur at 2.30 p.m. along with other police constables in a Jeep, but this Jeep went out of order near Lalsot and they could not reach Gangapur till 8.00 p.m , hence it was decided to postpone the trap for next day. Next morning, i.e., 5.4.1977. the prosecution case is that applicant Ram Sahai had gone and contracted the Patvari at his residence who stated that he will go by Bus to village Nadoti at 11.00 A.M. and will accept the sum of Rs. 200.00in Nadoti. Ram Sahai handed over three currency notes of Rs. 50.00 each, two currency notes of Rs. 20.00 each and one currency note of Rs. 10.00 which he had brought for handing over to the Patvari. Hari Kishan resident of Kuhariya and Shiv Dayal resident of Harsola were called as motbirs in whose presence the Dy. S.P. put his initials on these currency notes. They were thereafter smeared with phinoptheline powder. Demoscration for the use of which was also given to the motbirs Ram Sahai and Hari Kishan were directed to go to Nadoti by Bus and another motbir and the police party started by Jeep at 10.30 a.m. At 12.10 p.m. the Dy S.P. with the police party reached Nadoti, stopping bis vehicle at a little distance from the village and went on foot towards the Tehsil. Nadoti near Bus-stand and contacted his staff to trace out the complainant Ram Sahai. He was informed by literate constable Banbarilal that Ram Sahai and motbir Hari Kishan had not reached Nadoti till 12.30. They waited there till 1.-5 p.m. when bus came from Gangapur to Nadoti from which Ram Sahai and motbir Hari Kishan got down and having seen the Dy. S.P. both of them went to Tehsil. After about an hour, i.e , at 2.20 p.m. he saw Ram Sahai, Hari Kishan and one more person who had been putting on white shirt and the Dhoti coming towards the Bus-stand. They were talking among themselves when they were about 15-20 paces away from Dy. S.P., Ram Sahai handed over something to that man which he took in his hand and put in his shirt pocket and continued talking to Ram Sahai. That man was nodding his head while talking to Ram Sahai. At that time Ram Sahai gave the appointed signal to the Dy. S.P. who rushed to the spot along with other police personnels who were also hidden nearby, showed the identity card to that man. He gave out his name as Ram Swaroop Patvari Halka Kunjela of Patvar circle No. 19/1, Tehsil Nadoti. Ram Swaroop was told to produce Rs. 200.00 which he had taken as bribe from Ram Sahai. He replied that Ram Sahai has forcibly placed the money in his pocket. But Ram Sahai stated that he had voluntarily taken the money and kept himself in his pocket. The currency notes were visible in his pocket which were got recovered and necessary documents prepared. Since the notes were the same which were initialled and were found having phinoplheline powder they were seized and sealed. Necessary documents were prepared. Some more money was recovered from the person of the accused. Relevant record concerning to khasra No. 501 was also seized from the Tehsil and the Dy. S.P. Surendra Pal Singh after returning to Sawaimadhopur on 8 4.1977 at 12.30 p m. registered the case. After completing the investigation sanction was obtained from the Collector, Sawaimadhopur and thereafter filed the charge-sheet in the court of Special Judge for A.C.D. Cases, Jaipur.

(3.) The prosecution in support of its case examined five witnesses which include the decoy Ram Sahai P.W.l, the then Collector, Sawaimadhopur Shri Jagdish Narain P.W.2 to prove the sanction, one of the motbir Shiv Dayal P.W.3, Head Constable Ashudan P.W.4 who accompanied the Dy. S.P. from Sawaimadhopur to Gangapur and then to Nadoti and lastly P.W.5 Surendra Pal Singh Dy. S P. The accused filed the written explanation wherein he stated that 35 bighas of land was allotted to 7 or 8 persons regarding which cases were going on between various persons. State had already dispossessed Ram Sahai. but after that also Ram Sahai took the possession and Tehsildar imposed penalty for various years and Rs. 32/- had become due on Ram Sahai. Six days prior to the occurrence he had demanded Rs. 322/- from the complainant in presence of Jai Narain, Gajja and Joharilal. But he wanted girdawari to be done in his name hence he got annoyed. On the day of occurrence his case is that when he was coming out accused came to him and told him that he has brought Rs. 200.00 which are due of which he was told that it was not the total amount. He gave these Rs. 200.00 and promised to bring the balance and he told the something to the Dy. S P. on the spot but he did not listen his case. He examined two witnesses in support of this case. The learned trial court held the recovery proved and disbelieved the explanation of the accused and convicted and sentenced him as indicated above.