PUKHRAJ Vs. STATE

JUDGEMENT

(1.) THIS is an application by Pukhraj against his conviction under s. 420 of the Indian Penal Code. He was sentenced to rigorous imprisonment for two months and a fine of Rs. 1800/- in default of payment of fine to undergo further rigorous imprisonment for a period of two months by the First Class Magistrate, Jalore. His appeal before the learned Additional Sessions Judge, Jalore also failed. Hence this revision,

(2.) THE facts material for the purpose of this revision are that on 22nd September, 1957 houses of Sawa (P. W. 3) and Rikhba (P. W. 5) residents of village Jivana were searched in connection with the smuggling of gold from Pakistan into India. Nothing was recovered from the house of Rikhba. From Sawa's house some cartridges and a 12 bore gun was recovered. At the time of search the applicant who is said to be the informant was present along with the officers of the police and the Land Customs Department. THEse officers left Jivana for village Sanghana. On the night between 22nd and 23rd September,1957, it is said that the applicant collected an amount of Rs. 1800/-from some persons for the purpose of paying it as bribe to some officers promising them that they would not be harassed and the cases against them would be hushed up. He is said to have collected Rs. 1000/- from Rikhba, Rs. 500/- from Sawa for his own case and another amount of Rs. 300/- from him for releasing Adrim, Dina and Saiba of village Sanghana and Rs. 50/- from one Bansi. On 23rd September, 1957, when Sukhram Circle Inspector Police was proceeding to Babtra Police Station in the pick-up car along with some other persons including the applicant and Sawa, he came to know from some source that the applicant had collected Rs. 1850/- for paying it to officers as bribe. On reaching Babtra he asked all the occupants of the pick-up car to keep sitting in their place and then informed the Superintendent of Police, Jalore of what had come to his knowledge about the conduct of the applicant. A search of Pukhraj applicant was taken and currency notes worth Rs. 1800/-were recovered from inside his shoes while Rs, 50/- were recovered from the pocket of his shirt.