GANPAT SINGH Vs. STATE

JUDGEMENT

(1.) ACCUSED Ganpalsingh has been convicted of an offence under Section 161 I. P. C and Section 5 (2) of the Prevention of Corruption Act, and sentenced to one year's rigorous imprisonment and a fine of Rupees 100/ and in default of payment of fine to a further rigorous imprisonment for a period of three months, by the learned special Judge, Jaipur District, Jaipur by his judgment dated the 31st August, 1964. He now appeals.

(2.) THE case for the prosecution may shortly be stated as follows the accused Ganpatsingh was Head Constable in charge of the police outpost asalpur within the jurisdiction of police station Phulera, On the 30th September, 1961, there was a quarrel between Nanu P. W. 2 son of Bhima D W on the one side and Lalaram P. W. 6 on the other. Both Nanu and Lalaram are residents of Guda berisalsingh. On the 1st October, 1961, at 12 mid-day. Bhima and his son Nanu filed a report Ex. P-8 at the police outpost Asalpur in which it was complained that there was a quarrel between Nanuda and Lalaram as a result of the former's cattle trespassing into the latter's field during the course of which Lalaram struck nanuda with a fist on his forehead and thereby caused him an injury on that part of his body, which was of a simple nature. The accused, it is alleged, then sent for lalaram through D. W. Gumansingh a police constable, at Asalpur, and when lalaram arrived at the police outpost at about 11 a. m. the accused abused him and also beal him with a 'danda' and held out a threat to him that he would be sent to jail. It may be pointed out at this place that Lalaram had also made a report Ex, P-6 complaining that Nanuda's cattle had trespassed into his field and and verbal altercation arose between them during the course of which Nanuda had beaten his brother Moola's son with a lathi. This report was registered at 1 p. m. on the 1st After both these reports were recorded in the daily Roznamcha, the accused came to the conclusion that the offence reported fell under Section 323 i. P. C. , and, therefore, the parties should seek their remedy in the competent court. The thumb marks of both Nanuda and Lalaram were taken on the respective entries in the Roznamcha. Be that as it may, the accused is then alleged to have demanded a bribe of Rs. 200 from Lalaram. The deal was settled, however, for a sum of Rs. 80 only. Lalaram paid him Rs. 20 which he had with himself and he took a further sum of rs. 20 from his brother Moola who had also followed to the outpost after his brother. As for the balance of Rs. 40/ -. he promised to pay it after one or two days when he would have arranged for the same. Lalaram's version further is that he had been detained at the police outpost by the accused until about 4-30 on the 1st and then allowed to go. After he and his brother had gone out of the police outpost, they met Surajmal P. W. 10, Sarpanch of village Boraj and related the whole story to him, Surajmal advised him not to pay any bribe to the accused and instead asked him to accompany him to Jaipur where it was settled they would lodge a complaint before the Anti Corruption Department.

(3.) THE story further is that Surajmal wrote out the report Ex. P-5 addressed to the superintendent of Police, Anti-Corruption Department, Jaipur, in which it was stated that there was a quarrel between Nanuda and Lalaram on the 30th september, 1961, and both parties had made their reports at the police chowki. And thereafter, on the 1st October, 1961, constable Gumansingh went to his house to call him at about 9 A. M. . and abusively asked him to accompany him to the police chowlci. Thereafter, he went to the chowki where Ganpatsingh accused and P. W 9 Ghisusingh were sitting. Thereafter he was abused and threatened and they said that he would have to go to jail for a period of seven years. Lalaram then inquired whether they would be able to save him Thereupon they said that he will have to pay Rs. 200. Then Lalaram and his brother made entreaties for the reduction of the amount whereupon the whole matter was settled for Rs 80. It was further stated that out of this amount Rs. 40 were paid then and there and as for the remaining Rs. 40, a promise was made that it would be paid on the 2nd october, 1961. It was further stated that this incident was known to the people at large at the railway station Asalpur. Soon after they had left the chowki, they met the Sarpanch of Village Boraj, Surajmal, to whom they related the entire story to which he said that, they should not pay the remaining amount of Rs. 40 in any case, and that Lalaram should arrange for the remaining sum and that, if he succeeded in doing that, he should bring the money to him (Surajmal ). With considerable difficulty Lalaram was able to arrange for the sum of Rs. 40 through the intervention of his brother-in-law (Sister's husband) Kalia P. W. 4 and took the money to Surajmal. Thereafter, they had proceeded to Jaipur. It was prayed in this application that in view of the aforementioned facts and circumstances, a trap be laid to catch the accused Ganpatsingh red-handed. It further appears that, four currency notes (Exs. 1 to 4) Nos. B/51 455717. A/82 047527, F/47 351603 and H/85 035220 of Rs. 10 each were presented by Lalaram to the Superintendent, Anti-Corruption Department, Shri Panne Singh who initialed them, and made them over to the Assistant Superintendent of Police, Anti corruption Department, R. Shekhar P. W. 11 and asked him to arrange for a trap. The latter accordingly proceeded to Asalpur on the 2nd October but nothing could be done on that day as his jeep had gone out of order on the way and therefore, he returned to Jaipur. He again came to Asalpur on the 3rd at about 10 A. M. On enquiry he was told by Lalaram that, the accused had left for Sambhar and was expected back by the evening train on that very day. The story further is that, about 4 P. M. in a Bajra field some 50 yards away from the Asalpur railway station, the Assistant Superintendent of Police gave the notes Exs. 1 to 4 Lalaram in the presence of two Motbirs Ramesh Chandra P. W. 1 and Jagannath P. W. 5 which bore the initials of the Superintendent of Police Shri Panne Singh and prepared the memo Ex. P-1 in that behalf. It is said that it was arranged that, Jagannath and ramesh Chandra should accompanv Lalaram and watch the giving of the bribe to the accused, and that as soon as the money had been passed to the accused, lalaram should place his hand on his head which was to serve as a signal to the assistant Superintendent of Police to proceed to the spot. Lalaram and the two Motbirs went inside the station platform. The train arrived at 6-45 P M. , on that day from which Ganpat Singh got down, Lalaram and the two motbirs came out of the exit gate simultaneously with the accused and the assistant Superintendent of Police and his staff had remained outside the station platform and followed the accused and Lalaram and the Motbirs some 10 to 16 paces behind. At a distance of about 20 to 26 paces from the exit gate, there was a Khejra tree. There the accused, it is alleged, ask ed Lalaram whether he had brought the money. Lalaram replied in the affirmative. Thereafter the latter handed over the currency notes to the former. The accused, according to Lalaram, put the notes in the front pocket of his trousers, while according to the Motbirs he put them below the front portion of his belt. As soon as the notes had been passed on, a signal was given by Lalaram by placing his hand on his head whereupon the assistant Superintendent of Police Shekhar rushed to the spot. He seized the accused in his a arms and caught hold of OUR of his hands, then announced to him that, he was the Assislant Superintendent of Police, Anti Corruption department, and called upon him to hand over the currency notes which he had received from Lalaram. The accused denied having taken any bribe from Lalaram. Meanwhile the accused, it is said, somehow, managed to slip the notes from under his bell or according to the alternative version from the pocket of his trousers down on the ground. The Assistant Superintendent of Police asked him to pick up the notes but he refused. Thereafter, he himself picked them up, and after sending for a petromax lamp from the shop of one Hanuman D. W. nearby, be found that the numbers of the notes tallied with those noted down in the memo Ex. P-1. The assistant Superintendent of Police then made the first information report Ex. P-10 which was registered at the Police Station, Jaipur. The necessary sanction for the prosecution of the accused was accorded by Shri santram Deputy Inspector General of Police. The accused was then challaned in the Court of the Special Judge, Jaipur District, Jaipur, and has been convicted and sentenced as already stated above.