KHILLI RAM Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by the accused -appellant Khilli Ram, who has been convicted by the learned Special Judge (Sessions Judge), Bharatpur, in Special Sessions Case No. 2 of 1970, under Section 161 of the Indian Penal Code, and Section 5(1)(d)(2) of the Prevention of Corruption Act, 1947, to two years rigorous imprisonment by his judgment dated 16 -9 -1971.

(2.) THE prosecution case, in brief, is that the complainant Ramswaroop PW/2 bad presented two private complaints before the learned Munsiff Magistrate, Bayana, who had forwarded the same to the Police Station, Bhusawar for enquiry. It appears. that the complaint PW/2 Ram Swaroop was harbouring an honest impression that no investigations are being conducted by the police. He then bought this fact to the notice of the police by an application dated 10 1 -1969. A report was asked for vide Ex. P/4 from the Police Station, Bhusawar. On 25 -3 -1969, the SHO submitted the report that the complainant PW/2 Ram Swaroop is in the habit of making false reports, and that the two private complaints filed by him have, on investigation, been found to be false and, therefore, action under Section 182, IPC should be taken against him. The complainant Ram Swaroop, in the meantime seems to have presented a written complaint Ex. P/8 on 17 -2 -1969 to the D.I.G., Police, Jaipur. This complaint was forwarded to the S.P., A.C.D for necessary action through the Police Constable Durga Prasad. PW/6 Kastooi Lal Dy S.P., A.C.D., before whom the complainant PW/2 Ram Swaroop, presented himself called Ram Swaroop to appear before him on 20 -2 -69. The complainant Ram Swaroop, however, did not present himself on 22 -2 -1969, but appeared before him on 10 -3 -1969. The grievance of the complainant Ram Swaroop PW/2 was that the Head Constable Shankar Lal, Police Station, Bhusawar had already received Rs. 100/ - as illegal gratification. He was further paid a sum of Rs. 80/ - on a subsequent demand, but still be was not proceeding with the investigation of those two cases which were forwarded by the Munsiff Magistrate, Bayana and was still demanding Rs. 80/ - more from the complainant. A trap was accordingly laid on 10 -3 -1969 but the Head Constable Shankar Lal did not go to the spot, as was indicated by the complainant Ram Swaroop PW/2 PW/6 Kistoori Lal had arrived there with his party, and went back as Shankar Lal, Head Constable, did not appear. While returning PW/6 Kastoori Lal had asked Ram Swaroop PW/2 to fix up another date with Shankar Lal, Head Constable and then inform him. On 30 -2 -1969, at about 11 a.m. PW/2 Ram Swaroop again went to the office of Shri. Kastoori Lal PW/6, and informed him that the Head Constable Shankar Lal has been transferred, and that Khilii Ram, Head Constable, has taken over in his place. He further told him that Khilli Ram had demanded Rs. 50/ - as illegal gratification. The complainant Ram Swaroop had taken out five notes of Rs. 10/ - each, and desired that Khilli Ram may be arrested red handed. The complainant was directed to meet near the Dharma Shala of Raghunathji in the afternoon. PW/6 Kastoori Lal reached the Dharma Shala of Raghunathji at Bhusawar at about 3 p.m. Ram Swaroop, the complainant, met him there. Five notes of Rs. 10/ - each were initialled by PW/6 Kestoori Lal, and were given to Ram Swaroop He was instructed that when the illegal gratification has been received by Khilli Ram, he should indicate so by taking off the 'dhoti' which be had tied on his head. This was done so at about 5.45 p.m. The witnesses were asked to occupy the specific positions, and then the Head Constable Khilli Ram was informed. Khilli Ram came to the bus -stand from the Police Station, and talked to Ram Swaroop beneath the tree of 'imali'. Ram Swaroop then look off the 'dhoti', which be had tied on his head. ON receiving this signal, the Dy S.P. A.C.D. Shri Kastoori Lal went to the site, and disclosed his identity to Khilii Ram. He called upon Khilli Ram to take out Rs. 50/ - which he had received as illegal gratification from Ram Swaroop. Khilli Ram denied having received any such amount as illegal gratification, and thereupon, PW/6 Kastoori Lal asked the Police Constable Prabhu Dayal to take search of Kailli Ram. On a search having been made, five notes of Rs. 10/ - each bearing the initials of the Dy. S.P., A.C.D. are said to have been recovered from the right hand pocket of the shirt of the Head Constable Khilli Ram An application addressed to the Sub Inspector, Police Station, Bhusawar was also found in the pocket of the shirt which Khllliram was wearing at the time. But this application was torn to pieces by Khilli Ram. The five notes of Rs. 10/ - each and the torn pieces of the application were seized by PW/6 Kastoori Lal, and a seizure memo was prepared. Accordingly a First. Information Report was lodged, and a case under Section 161, IPC and Section 5 (1)(d)(2) of the Prevention of Corruption Act was registered against Khilli Ram, and he was arrested.

(3.) PW /2 Ram Swaroop, the complainant, has stated that about three years. back, he has submitted two private complaints before the Munsiff Magistrate, Bayana against Ranjeet, Dhuji, Paras Ram. Chhitaria, Valli, Sughar singh and Sufedi residents of Hingota. Both these complaints had beed forwarded by the Munsiff Magistrate, Bayana to the Police Station, Bhuswar for enquiry and necessary action, Both these complaints were presented to the Police Station, Bhusawar by the complainant himself. Head Constable Shankar Lal was. Incharge of the Police Station during these days, He paid Rs. 100/ - to Head Constable Shankar Lal, but he did not initiate the enquiry Ramswaroop then again went to the Police Station after 7 -8 days, and again paid Rs. 30/ - to Head Constable Shar kar Lal. Shankar Lal then met Ram Swaroop on the Khedali Road after 4 -5 days and demanded a further sum of Rs. 70/ -. Then Shankar Lal came to the village at about 4 p.m. and called for the complainant Ram Swaroop Ram Swaroop, however, did not go there as he was afraid of the persons against whom he bad lodged the complaints. Whereupon, Shankar Lal, Head Constable, came to Ram Swaroop, and told him that he will get Ram Swaroop beaten to death by the accused persons as the accused persons were related to the Head Constable Shankar Lal. The witness has further stated that as the police did not conduct any investigation on his complaints, he approached the DIG, Police, Jaipur, and presented Ex. P/8 This complaint was then forwarded to the Anti -Corruption Department, Bharatpur. In the meantime, the Head Constable Shankar Lal was transferred, and the accused -appellant Khilli Ram was posted there After some time, the accused -appellant Khilli Ram met Ram Swaroop on the Khedali Road. He told Devisingh, Police Constable that the complainant Ram Swaroop should be locked. The complainant. Ram Swaroop asked Khilli Ram as to why he was being arrested, on which Khilli Ram replied that he has defamed the police by making complaints. Thereupon the police constable Devi Singh took Ram Swaroop on one side, and told him that whatever amount was to be paid to the Head Constable Shankar Lal may now be paid to Khilli Ram so that he may put up the challan in the two private complaints lodged by him. Ram Swaroop stated that he had no money at the moment, but he would arrange for the money from his relations. Thereupon, the accused told Ram Swaroop that they would come at about 5 p.m. from the village Khedala. Ram Swaroop then went to Bharatpur, and informed the Dy. S.P. Anti -Corruption, He presented five notes of Rs. 10/ - each to the Dy. S.P., A.C.D , who initialled them, noted their numbers. and gave them to Ram Swaroop. These notes were given to Ram Swaroop in the presence of Girdhari Meena and Gulji of Malaheda. Then Ram Swaroop went Banshi Lal Kumbar to call Khilli Ram. Khilli Ram came to Ram Swaroop, Whereupon he paid him Rs. 50/ - in the form of five notes of Rs. 10/ - each. The accused received those Rs. 50/ - and kept them in the pocket of his shirt, which he was putting on. As already arranged, he gave the signal by putting off the 'dhoti' which he had tied on his head. The police constable Prabhu Dayal, and the Dy. S.P. A.C.D. cams on the spot, and held the accused Khiili Ram. The Dy. S.P. ACD. then recovered the notes of Rs. 50/ - from the shirt of Khilli Ram. These were the very notes which were initialled by him An application addressed to the P.B. Bhusawar was also found in his pocket which the accused tore. The notes and the torn pieces of the application were seized by PW/6 Kastoori Lal. The witness has further stated that in his statement before the police he had stated that Rs. 100/ - were being demanded from him. The witness has further stated that the police had treated his two private complaints to be false, and it was proposed to prosecute him under Section 182, IPC. The witness has also stated that the Dy. S.P. A.C.D. recovered these five notes of Rs. 10/ - each from the left band pocket of the shirt which the accused Khilli Ram was wearing.