BHAGAT PRASAD Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Bhagwat Prasad against his conviction by the learned Special Judge, Bhartpur and sentence of eight months' rigorous imprisonment.

(2.) THE prosecution case was that some complaint was made by one Dhoop Khan Meo of Palki, against Ramsingh, Amarsingh Behari and Badaru, the four brothers who too are residents of Palki, for unlawfully cutting a number of trees from an evacuee property. When investigation was going on before the Sub-Inspector Police, Sikri, the accused and one other constable approached Behari and his three brothers and told them that Bhoop Khan was offering bribe to the Sub-Inspector and if Behari and his brothers paid the same sum to him, the case would be dropped. In the midst of the negotiations, it was settled that Behari and his brothers would pay Rs. 80/- as bribe for obtaining their release to the Sub-Inspector and Dharamsingh, the brother-in-law of Behari and his three brothers stood as surety. Before the payment of the amount, however, Behari with the assistance of a local congress leader Shri Radhey Sham approached the Sub-Divisional Magistrate, Deeg who was at that time officiating as District Magistrate, Bharatpur and made a complaint Ex. P-2 to him. THE Sub-Divisional Magistrate made an endorsement on that complaint to the Tehsildar, Nagar, directing him to sign the currency notes of the value of Rs. 60/- and arrest the person who might accept them as bribe. THE Tehsildar after signing the currency notes, five of the value of Rs. 10/- and two of the value of Rs. 5/-each went in the company of Radhey Sham and Behari and his three brothers to the village Sikri. Behari and his brothers reached the house of Dharamsingh where the accused Bhagwat Prasad was called and given the aforesaid currency notes of Rs. 60/- which he kept in his pocket. Ramsingh went outside to call the Tehsildar, but in the meanwhile the accused threw the currency notes on the ground. THEy were picked up by Girdhari, the Jamadar of the Tehsildar. A recovery memo was made, the accused was arrested and after the sanction of the Superintendent of Police, Bharatpur District, the accused was challaned under sec. 5 (2)/161 of the Prevention of Corruption Act, 1947.