SHAMSHER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellant, who is a practising lawyer at Ajmer, has been convicted by the learned Special Judge, A. C. D. Cases, Jaipur u/s 152 and 420, IPC. Under each of the count, he has been sentenced to undergo six months simple imprisonment and a fine of Rs. 500.00. In default of payment, under both the counts, he has been ordered to suffer four weeks simple imprisonment for each default. The substantive sentences under both the counts have been ordered to run concurrently.

(2.) In the year 1970, the accused-appellant Shamsher Singh had not been enrolled as an Advocate with the Bar Council of Rajasthan and was awaiting his enrolment as an Advocate. The accused had studied law in the Government College. Ajmer when Amrit kumar (P. W. 1), an Advocate of Ajmer, was also a part time lecturer. The accused had started attending the courts even prior to his enrolment as an Advocate and was in a way undergoing a period of training under Amritkumar (PW 1). A case u/s 323 and 336, Penal Code was pending against one Ajitsingh (PW 2) in the Court of Addl. Munsif Magistrate, Ajmer City (East), in the year 1970, whose presiding officer was Shri Gurcharan Singh Hora, a Sikh gentleman. Shri Amrit Kumar (PW 1) was representing the accused Ajitsingh (PW 2) in that case and final arguments were heard on 12.8.70 and that case (No. 238/58) was adjourned for pronouncement of judgment for 22.8. 70, but somehow the judgment could not be pronounced, and the case was again adjourned for judgment to 25.8.70. It is alleged that Ajitsingh (PW. 2). who was a permanent servant in the Western Railway at Ajmer was much concerned about the result of his case, and he apprehended that in case he was convicted his services may be terminated. He approached one Sethi Ticket Collector to make a recommendation to Shri Hora, the magistrate and then on 17.8.70 the said Ajit singh (PW 2) approached the accused-appellant to recommend his case to the magistrate, and the accused appellant gave out that he knew the magistrate very well and both were on visiting terms. The accused directed Ajit singh (PW 2) to come to him the next day and when Ajit singh met the accused, the next day, the accused gave out that the magistrate will not accept money through him, but would only accept through the police. The accused directed Ajit singh (PW 2) to come to his house and on 19.8.70 he went to the house of the accused in the evening, and the accused first demands Rs. 1500.00, but ultimately the bribe money of Rs. 500.00 was settled. The accused directed Ajit Singh to hand over the money at his house in the afternoon of 20.8.70 to his wife and further said that that money will reach him in the Court. Ajitsingh was short of money, and, therefore, he arranged a sum of Rs. 350.00 from Fattandas (PW 3). who was known to him and was also working in Western Railway at Ajmer. Fattandas paid Rs. 350.00 through a Cheque on 20.8.70, and as per the case of the prosecution, the amount of Rs. 500.00 was delivered by Ajit singh (PW 2) in the presence of Fattandas (PW 3), and one Chetan Sarup (not examined) on 20.8.70 in the afternoon at the house of the accused, to his brother at the instance of the wife of the accused.

(3.) Ajit singh was asked by the wife of the accused to come in the evening, and when Ajit singh went to the house of the accused, the accused is alleged to have given out that Rs. 500.00 will not do, and Ajit singh should pay Rs. 300.00 more, but Ajitsingh showed his inability on the ground that the money was not with him and also gave out to the accused, that he should pay the amount of Rs. 300.00 from his pocket to the magistrate and he (Ajit singh) will repay the amount to the accused on 1.9.70. But, the accused gave out that Ajit singh should execute a pronote for Rs. 300.00 in favour of his brother Jagjit singh. Ajit singh executed a pronote for Rs. 300.00as directed by the accused in the name of Jagjit singh, who was not present at that time. The accused gave out that Ajit singh will be acquitted on 25.8.70. But, to the surprise of Ajit singh (PW2), when the judgment was pronounced by the learned magistrate Shri Hora on 25.8.70 Ajitsingh was not acquitted, but was convicted u/s 323. IPC. and was sentenced to pay a line of Rs. 500.00, Sometime was taken for getting the sentence of fine suspended, as Ajitsingh wanted to prefer an appeal against his conviction and sentence. When Ajit singh came out of the court room, he told Mr. Amrit Kumar (PW.1). his Advocate, "does the magistrate convict persons even after taking money". But, Amritkumar (PW. 1) asked Ajit singh as to what he was saying and he directed Ajit singh to come to his hours in the evening. It was a talk in the Court compound that money has been taken in the name of the Magistrate. The accused is alleged to have told Ajit singh that he should come in the evening and collect his money. But. in the evening at his house, the accused gave only Rs. 500.00 to Ajit singh and asked him that the pronote of Rs. 300.00 executed by him in favour of his brother should also be returned to him. Ajit singh went to Amrit kumar and narrated the entire incident to him. On 26-10-70 the accused called Ajit singh a this house and gave this message to Ajit singh outside Loco Workshop, Western Railway Ajmer at 4. 15. p. m. in the presence of Ramnarain master and one Baijnath. But, when Ajit singh went to the house of the accused, in the evening, and demanded the accused to return his pronote, the accused is alleged to have given out that he will return the pronote only on Ajit singh's giving in writing as he wished. He, therefore, at the dictation of the accused wrote Ex, D. 1 and Ex. D. 2. first in urdu and then in English, mentioning therein that no money was taken by the accused from Ajitsingh in connection with his case. Because Ajitsingh wanted to take his pronote back, which the accused was not going to return unless Ajitsingh acted as her his wishes, Ajitsingh writs Ex. D. 1 and Ex. D. 2, though their contents were not correct. But, even then the pronote was not returned, and Ajitsingh was taken by the accused to Amritkumar (PWl), after the execution of Ex D 1 and Ex. D2., and told Amritkumar that he may ask Ajitsing whether he (accused) had taken any money from him. But, Amritkumar (PWI) is alleged to have said that he knew that the pronote executed by Ajitsingh was with the accused, otherwise he would have seen that Ajitsingh would have disclosed the true facts. The pronote was, however, not returned and Ajitsingh approached Mr. Hora magistrate in the morning of 27-8-70, but Shri Hora directed Ajitsingh to come to the Court. Ajitsingh went to the Court on the same day and gave a report in writing (Ex. P. 2) in urdu. His statement was also recorded by Shri Hora, which too has been marked as Ex. P. 3.