NARAIN LAL NIRALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE two appeals listed above arise out of one and the same judgment of conviction and sentence, and can therefore be quite conveniently disposed of together. By his judgment and order dated, April 22, 1982, the learned Special Judge Jaipur convicted and sentenced the appellants as follows: Brij Mohan and Narain Lal Nirala

(2.) AS already stated, Brij Mohan, Narain Lal Nirala and Govind Lal have appealed against their conviction and sentence as mentioned above. Satish Chandra seems to be satisfied with his release on probation of good conduct. He has not preferred any appeal against the order of conviction passed against him.

(3.) THE case of the prosecution which resulted in the conviction and sentence of the three appellants as aforementioned may be shortly stated here. Narain Lal Nirala and Brij Mohan were posted as Vaid and Up-vaid, respectively in the Government Ayuro-vedic Aushdhalaya, Galta Road, Jaipur at the material time in 1973. Khem Chand Tojwani, Additional Superintendent of Police in the Anti-Corruption Department of the State Government received information that corruption was rampant in the said Aushdhalaya. The information was that Brij Mohan was in the habit of, preparing bogus medical bills for Government servants on payment of 35 per cent of the amount of the bills by way of illegal gratification. Govind Lal, the proprietor of M/s Navin Ayurovedic Stores, Bhindo-ka-rasta Chandpole Bazar Jaipur and his servant, Satish Chandra were also parties to this criminal conspiracy. The modus operandi for the commission of these crimes, as agreed to between the conspirators, was that Brij Mohan would prepare a false out-door patient ticket in the name of Government servant in a back data, and arrange to get bogus cash memos relative to that ticket, prepared by Govindlal and Satish Chandra of the Navin Ayuro-vedic Store. Narain Lal Nirala was also a party to this criminal conspiracy inasmuch as he used to verify such cash memos and issue the requisite essentiality certificate to enable the government servant concerned, i. e. the, so-called patient, to realize payment of the amount of bogus cash memos from the Government. The amount of illegal gratification realised by Brij Mohan used to be divided by Brij Mohan, Narain Lal Nirala, Govindlal and Satish Chandra between them. 3a. On receipt of this information, Khem Chand Tejwani, the Additional S. P. in the Anti-Corruption Department, decided to lay a trap to catch the culprits and thus put an end to this racket. He passed an order, Ex. P/1, dated June 5, 1973, directing constable Jagdish Singh, one of his subordinates, in the Anti-Corruption Department, to contact Brij Mohan, posing as a teacher in the Education Department of the Government, and request him for necessary documents including essentiality certificate, for claiming Rs. 100/-from the Government in the form of reimbursement for medical expenses. The directions contained in Ex. P/1 further required Jagdish Singh to put up the appearance of haggling over the amount of gratification which may be demanded by Brij Mohan and eventually settle the transaction at the amount agreeable to Brij Mohan, and pay such advance as demanded.