MOHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 16/06/1982, passed by learned Special Judge, A.C.D. Jaipur, in Special Criminal Case No. 24/1979, by which the accused appellant was sentenced to one year's rigorous imprisonment under S. 161 I.P.C. and also to a fine of Rs. 500.00. In default of payment of fine, the appellant has to undergo further simple imprisonment for three months. Under S. 5(1)(d) read with S. 5(2) of the Prevention of Corruption Act 1947, the accused appellant has been sentenced to one year's rigorous imprisonment and also to pay a fine of Rs. 500.00. In default of payment of fine, he will have to undergo three months further simple imprisonment. Both the substantive sentences are to run concurrently.

(2.) It will suffice for the purposes of this appeal to state that on 9/11/1978, complainant Vishambhar Dayal resident of village Borni, Tehsil Kishangarhbas, district Alwar, lodged a report at Police Station Alwar to Deputy Superintendent of Police, A.C.D., Alwar, in which it was stated that some years ago, the complainant had purchased some agricultural land in his own name and in the names of his sons and registration of the sale deed was done at Tehsil. Thereafter, all the said registries were given to appellant Mohar Singh Halqa Patwar Borni for mutation, who demanded Rs. 200.00 for doing the same. This amount was paid to him last year. It was further alleged that the appellant returned four registeries after entering the mutation, but the remaining registries have not yet been entered for mutation and are lying with him. On the previous day, when the complainant met the appellant at Kishangarhbas, the appellant demanded an amount of Rs. 50.00 for sweets before the work was done. It was stated that the complainant does not want to pay illegal gratification and wants the appellant arrested red-handed. On the aforesaid report, Ex. P. 1, the Deputy Supdt. of Police, Alwar, called two motbir witnesses P. W. 2 Shyama Kant Jaiman and P.W. 4 Gopal Prasad Sharma through one Prabhu Dayal Sharma. The complainant gave currency notes of Rs. 50.00 to the Deputy Supdt. of Police containing a note of Rs. 20.00 and three notes of Rs. 10/ - denominations. The Deputy Supdt. of Police put his initials on the said currency notes and noted their numbers and got phenolphthalein powder rubbed on the said currency notes by a constable. The Deputy Supdt. of Police explained to motbirs and complainant with the procedure of the phenolphthalein powder and also gave demonstration to them. They Dy. S. P. handed over the signed currency notes to the complainant and directed him to give the said currency notes on demand to the accused appellant and give an indication regarding the same by removing his turben from head and rubbing his head. The two motbirs were also directed to remain with the complainant and try to hear the conversation between the complainant and accused appellant and watch the transaction of money. All these proceedings were prepared and are marked as Ex P. 2. Thereafter, the Dy. S. P. along with the complainant, both the motbir witnesses and raiding party started in a jeep from Alwar to Kishangarhbas. The raiding party reached Kishangarhbas at about 12.45 p.m. and sent the complainant and the two motbirs to go to the accused while the raiding party followed them and reached the bus stand Kishangarhbad and stayed in a hotel nearby. After sometime the Constable came back and informed that the accused appellant was not at Tehsil Kishanagarhbas but was at his residential quarter which is situated in bazar. He informed that the complainant and the two motbirs have already started towards the quarter of accused. They Dy. S.P. and the members of raiding party took their position in the bazar near about the residential quarter of the accused in a scattered manner and kept waiting for the signal to be given by the complainant. It is further stated that while the complainant was going to the quarter of accused, he happened to meet one Ganeshi Lal Sarpanch P.W. 5 on the way. The complainant asked him to accompany him to the house of accused appellant and recommend him for entering the mutation of the remaining four registries. Thereafter, Ganeshi Lal also went along with them. The complainant and Geneshi Lal went to the quarter of accused appellant through a staircase and found appellant Mohar Singh and Kishorilal Patwari sitting there and doing some writing work. It is further stated that the complainant and the Sarpanch told the appellant to do the work of the complainant to which the accused replied that he would do the same and demanded Rs. 50.00 for sweets. On this the complainant gave the currency notes of Rs. 50.00 in the hands of the accused appellant which he put in the pocket of his shirt. Thereafter, the complainant and Sarpanch came down and Sarpanch went away. The complainant gave signal by rubbing his head whereupon the Deputy Supdt. of Police and two motbir - witnesses and members of the raiding party visited the room of the accused appellant. The Deputy Supdt. of Police enquired about the name and address of the accused and the person who was sitting with him. The appellant disclosed his name to be Mohar Singh and that of the other person sitting with him as Kishorilal. The Deputy Supdt. of Police enquired from the appellant as to whether he had accepted Rs. 50.00 from the complainant for entering the mutation. The appellant replied that the complainant did give him the currency notes but he did not accept and threw the same. The currency notes were lying on the floor which the Deputy Supdt. of Police took up and counted through P.W. 2 Shyama Kant Jaimen one of the motbir witness and found that there were three notes of Rs. 10.00 each and one note of Rs. 20.00, which were marked as Articles 4 to 7. The notes bore the initials of the Deputy Supdt. of Police and the numbers of the notes were also tallied which were found to be correct. On being asked regarding the currency notes the complainant said on the spot to Deputy Supdt. of Police that these notes were given to him which he had put into the pocket of his shirt but on seeing them, he threw away the same. Thereafter, a clean glass of water was brought and some sodium corbonate was mixed and there was no change in the colour. Thereafter, finger of both the hands of accused were put into the water, whereupon the solution turned pink which was put into a clean bottle and got sealed, which bottle is marked Art. 2. The same was sealed and the chit pasted on it was got signed by the complainant. Similarly both hands of Kishorilal were also put in the same process but there was no change and the water was put into a clean bottle, which was marked 'B' and the same was also sealed. It is further stated that on asking, the accused appellant produced four registries from his room which were marked Exs. P. 6 to 9 and also produced the mutation and receipt book which were also seized from the accused vide Ex. P. 14, It is also stated that on that day Kishorilal was present in the room of appellant and took charge of the office of Patwar from the accused-appellant. Therefore, the Supdt. of Police seized the transfer order of accused and prepared the memo and marked Ex. P. 15. The other four registries were also summoned from the complainant and were marked Exs. P. 10 to 13. The bottles were sent for chemical anaysis and according to its report Ex. P. 10, Articles 1 and 2 contain sodium corbonate and phendphthalein powder and the bottle marked 'B' was found negative.

(3.) The learned Special Judge (A.C.D.), Jaipur, charged the accused under the Sections mentioned above who claimed to be tried. The prosecution examined as many as nine witnesses in support of the case including P.W. 8 Collector, Alwar, and P.W. 9 the Investigating Officer. The accused was examined u/ S. 313, Cr. P. C. and also examined the witness in defence viz. Kishorilal as D.W. 1. After the completion of the trial, the accused appellant was convicted and sentenced as mentioned above. Hence this appeal.