HEERA LAL Vs. STATE OF RAJ.

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 31-3-1980 passed by Special Judge (C.B.I. Cases) Rajasthan, Jaipur, whereby the accused appellant has been found guilty for the offence under section 161 Penal Code and section 5 (1) (d) (2) Prevention of Corruption Act and sentences has been passed on both the Court against the accused appellant.

(2.) Brief facts giving rise to this appeal are that one Shri Nathu Lal points man Western Railway Sawai Madhopur lodged an oral report to the Inspector C.B.I. on 7-1-77 alleging therein that on 6-1-77 he joined his duty at 6 P.M. and completed it in the night at 2 P.M. When after completing his duty hours he was going towards his house from near Excise Office, Heera Lal Sanik (accused appellant) R.P.F. of Sawai Madhopur met him. At the time, he (informant) was having a bag of coal in his hand. The coal was purchased by him previous evening. Heera Lal checked his bag and told him that he had stolen railway coal and wanted to take him to the R. P. F. outpost. The informant told she appellant that the coal possessed by him is purchased by him and a receipt of the same was shown to the appellant but the appellant did not agree to it and demanded Rs. 50.00 as bribe otherwise he threatened to get a theft case to be registered against him. At that time he was having Rs. 10.00. The accused appellant on being persuade agreed to accept Rs. 40.00 out of which Rs. 10.00 were given to the appellant and the informant agreed to pay Rs. 30.00 on 8.1.77. Thereafter the informant was set free by the accused appellant, it has further been alleged that the informant did not want to pay the bribe. So, he visited the office of the Superintendent of Police (C. B. I.) Jaipur on 7.1.77 and contracted Om Prakash Agarwal (PW 3) Inspector (C. B. I.) and narrated the above story to him. Shri Om Prakash informed the Superintendent of Police about it who directed him to take necessary legal action and also deputed Sunder Lal Inspector, Kalyan Joshi Sub-Inspector and Banshi Lal Constable to assist Om Prakash Agarwal (PW 3). Shri Om Prakash Agarwal directed Nathu Lal to talk him on 8.1.77 at about 9 a. m. at the P. W. D. Rest House, Sawai Madhopur. Shri Om Prakash Agarwal accompanied by the said associates of C. B. I. reached Sawai Madhopur in the morning on 8.1.77. They were contacted by Nathu Lal (PW 1) at the said Rest House at given time. Shri Agarwal then directed Nathu Lal to once again contact the accused to ascertain as to whether he was still insisting for his demand of bribe and to report back with the G. C. notes of Rs. 30.00, in case, the accused was still demanding the same. G. K. Garg (PW 2) and Rajrishi Gujar (PW 10) were called as Motbirs. At about 1 p. m. Nathu Lal again contacted Shri Agarwal and at that time Nathu Lal's verbal report was reduced into writing by Kalyan Joshi, at the instance of Om Prakash Agarwal and the same is marked as Ex. P 2. Currency notes (article 2 to 4 of the denomination) of Rs. 20.00 and two of Rs. 5.00 were given to Shri Agarwal by Shri Nathu Lal necessary formalities were observed by Shri Agarwal for the trap and instructions were also given to the informant as well as the other witnesses who were present there at the relevant time.

(3.) The case of the prosecution further is that Nathu Lal contacted the accused at the Broad Gauge (B. G.) platform. From there, both of them reached at Tea Stall situated at the Meter Gauge (M. G.) platform near the 1st Class Waiting Room, at about 4 p. m. After taking tea, they both left the Tea Stall at 4.30 p.m. and went towards the exit gate of Meter Gauge (M. G.) platform and after walking a few steps the accused demanded the amount of bribe which Nathu Lal had confirmed to have been brought by him as per his promise. On being demanded Nathu Lal took out the said tainted G. C. notes of Rs. 30.00 and passed on to the accused who accepted the same and held the same in the grip of his left palm. It is again alleged that above members of the raiding party and the Motbirs were also watching the transaction from their hereby positions. After payment of such amount Nathu Lal lighted Bidi in token of the pre-arranged signal. On receiving the signal the members of the raiding party reached near the accused. Shri Agarwal immediately, after introducing himself and his party challenged the accused who become nervous and he then threw the G. C. notes which were held by him in his palm to the ground. The G. C. notes were lifted by Shri Banshi Lal Constable because the accused refused to pick out the G. C. notes. On being apprehended the glass of water was arranged, the accused was asked to dip his finger of his hands into the solution of water prepared by Shri Agarwal. The accused reluctantly did so and as a result of it, the colour of such solution turned into pink from white. The samples of the solution were also taken by Shri Agarwal, after observing necessary formalities. It is further alleged shat the accused at the first instance confessed about the acceptance of bribe but subsequently represented that this amount was accepted by him as a repayment of loan previously advanced to Nathu Lal (informant), Shri Agarwal prepared the raid report (Ex. P 10) on the basis of which, S. P. CBI registered a case under the aforesaid sections of law and entrusted its investigation to Dinesh Kumar (PW 13). During the course of investigation, a report (Ex. P 17) was received from the Public Analysist and Chemical Examiner, Jaipur which was positive in nature. After completion to investigation the sanction (Ex. P 13) was taken for the prosecution of the accused and a charge-sheet was filed against the accused appellant after the completion of the investigation.