SHIV DAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of Special Judge (ACD) Cases Jaipur, by which, the learned Judge found the appellant guilty for the offence u/s. 161 IPC and Sec. 5 (l) (d) (2) of PC Act and passed two different sentences on the aforesaid two counts. Both the sentences were ordered to run concurrently.

(2.) THE brief facts giving rise to this appeal are that at the relevant time accused Shiv Dayal was working as Patwari in Circle No. 27 Chainpura Tehsil Haroti in the year 1977. On 22-8-77 Radhey Shyam S/o Bhonriya Lal lodged a written report before Dy. S. P. out-post Sawai Madhopur alleging therein that the Government had allotted 3/12 Bighas land through S. D. O. of agriculture land in favour of informant's father Bhonriya and patta was also granted to his father. But the mutation was not done by Patwari even after repeated request for about 1-1/2 years. THE accused has been avoiding to enter the mutation. On this his brother Ram Khilari submitted an application before Tehsildar 8-10 days back from the date of lodging the aforesaid report and in that application it was prayed that the Patwari be directed to enter the mutation and get the same attested. On this the Tehsildar had written the orders as prayed and the same was directed to be sent to the accused-petitioner along with the original application. THE Tehsildar also called the report within three days. This application was given dasti to Ram Khilari brother of the informant. THEreupon Ram Khilari took that application to Shiv Dayal Patwari and at that time instead of entering the mutation the accused demanded Rs. 150/- as bribe and Ram Khilari promised to pay the same after some days because he had to arrange for the money. After some days Ram Khilari again met the Patwari on the previous day and promised to pay him Rs. 150/-but he did not want to give the bribe to the accused, therefore, the said information was given to the Dy. S. P. Anti Corruption out-post Sawai Madhopur. After receiving the report the Dy. S. P. (PW 9) Surendra Pal Singh entered the report in the diary and directed the informant to meet him at Sawai Madhopur Railway Station. THEreafter, the Dy. S. P. along with his party reached at Sawai Madhopur Railway Station and from that they went to Gangapur by train. THErefrom they reached Karauli and from Karauli they proceeded to Chainpura. After reaching at Chainpura the Dy. S. P. summoned two motbirs namely Reetira and Kok Singh to whom the F. I. R. was read over. After taking currency note from the complainant he put his initials on them and thereafter semmased the currency notes with phenolephetheline powder. THEreafter demonstration of the powder was given. THE solution which turned into pink colour was thrown, a memo of all these proceedings was drawn. After completing all the formalities the Dy. S. P. along with the decoy and motbirs and persons of the raiding party proceeded for the trap. THE decoy reached Patwarghar at about 6. 30 p. m. but the accused was not available in the Patwarghar at that time. At about 8. 15 p. m. the Dy. S. P. was informed that the Patwari had come and the decoy was sitting with some more persons and they are talking to each other. So it was not the proper time to hand over the moneyn to the Patwari. THEn about 9. 15 the decoy gave a signal. On receiving the signal the Dy. S. P. along with the motbirs and other persons of the raid party reached in the room of the Patwari. THEre the Patwari was found reading some papers and the decoy was found sitting. THE decoy on arrival of the Dy. S. P. told that the Patwari after accepting money has put it into his pajama pocket. THE accused was caught by Mohan Singh S. I. and Ganpat Singh H. C. THE Dy. S. P. disclosed his identity and on his asking the accused disclosed his name as Shiv Dayal. Shri Radhey Shyam asked the accused to produce the bribe amount as illegal gratification received by him. On this the accused produced the currency notes of Rs. 150/- after taking out from Payjama pocket. THE number of those currency notes were tallied from the memo Ex. P. 3. THEreafter fresh water was brought in a bowl. Sodium Carbonate was mixed in it but the water remained white. Both the hands of Shiv Dayal were dipped in that solution, which turned into pink. That solution was taken into a bottle and the bottle was sealed and a memo was prepared for the same. THE pocket of the payjama of the accused was also washed and that also turned into pink. THE solution was poured into another bottle and that was also sealed. THE currency notes were also seized. THEreafter the accused Shiv Dayal was asked as to what for the amount of Rs. 150/- was received from Radhey Shyam. Accused Shiv Dayal immediately replied that he had received the amount of Rs. 150/- as per the payment of penalty which was due against the decoy's father. THE Dy. S. P. again asked the accused as to how much amount was due and on this the accused replied that it was Rs. 197. 50. THEn it was asked by the Dy. S. P. that when amount of Rs. 197. 50 was due, why he accepted Rs. 150/ -. On this the accused replied that the decoy promised to pay the remaining amount in the next morning. THE accused again was asked as to whether the receipt of the amount was given or not. On this the accused relied that he would have given the receipt after receiving the full amount. THEreafter the record of the accused was seized and he was arrested and released on bail. After completing the proceedings the Dy. S. P. came back to the out-post and registered a case. THE Dy. S. P. sent the unnumbered F. I. R. to the Head Office at Jaipur for giving case number. THEreafter completing the investigation obtained sanction for prosecution and submitted charge-sheet in the Court against the accused. THE accused appeared before the Special Judge for A. C. D. Cases, Jaipur and charges were framed which was denied by the accused and he claimed to be tried. In all 9 witnesses have been examined by the prosecution. THE statement of the accused was also recorded u/s. 313 Cr. P. C. wherein the accused mentioned that the amount of Rs. 150/- has not been received by him as illegal gratification but the same was obtained by him as part payment of the amount of penalty which has fallen due against the father of Radhey Shyam. THE learned trial Court after hearing the parties found the appellant guilty for the aforesaid offences and passed sentence against him.

(3.) SINGH and he stated in examination in chief: *** From the above it is very clear that in the record there was 148. 75p. due against the decoy. The decoy has wrongly stated that he had deposited the amount. The I. O. PW4 admits in the cross-examination as under: ***