KITAB SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Kitab Singh was convicted for offence under S. 161 IPC and S. 5 (1) (d) (2) of the Prevention of Corruption Act by learned Special Judge, Udaipur on 16-8-1990. He was sentenced to six months imprisonment with a fine of Rs. 500/- and in default to 15 days imprisonment under each count.

(2.) The case of the prosecution in brief is that appellant was posted as Station House Officer, Delwara District Udaipur on 24-3-1984 and 25-3-1984. Bagh Singh complainant reported to the Additional S.P., Anti Corruption Department on 24-3-1984 at 3 : 30 p.m. that on 1-3-1984 the officers of Excise Department raided the houses of Mohapat Singh, Vijay Singh and Bhanwar Singh Rajput in his village. Illicit liquor was recovered. These Rajputs had a suspicion that complainant Bagh Singh arranged the raid. These persons quarreled with Bagh Singh and threatened that they would kill him. Then they burnt agriculture implements lying at his field during night and also removed other articles. He reported the matter at Police Station Delwara on 2-3-1984. At that time Shri Kanhaiyalal ASI was the incharge of police station. He would not hear him and demanded Rs. 700/-. The complainant paid him Rs. 500/- but he was transferred next day to police lines. Thereafter the appellant had come at the police station who sent Ramlal constable to him as well as to summon the Rajputs. The complainant and his witnesses reached Delwara police station but the appellant did not examine his witnesses Lal Singh and Nirbhay Singh and asked him to come next day. On 23-3-1984 when complainant reached the police station, appellant was not available. Appellant met him on 24-3-1984 and statements of Lal Singh were recorded in the morning. The appellant asked him whether he had brought money? The complainant refused and then the appellant demanded a sum of Rs. 200/- and told that the work would be done only after payment was made. The appellant was to go somewhere. He asked the Head Moharir to make the complainant sit and further asked that he may not allow the complainant to go any where till he returns. The complainant then asked the Head Moharir to permit him to go to take his food and then he went to the Additional S.P. He also informed that the appellant was out of police station on that day and that he would be available on the next day. The Additional S.P. directed him to come at 7 : 00 a.m. on 25-3-1984 alongwith Rs. 200/-. He also arranged for some witnesses.

(3.) At 7 : 00 p.m. on 25-3-1984 Bagh Singh came to out post. Shri Mohd. Hussain, Shri Bhopal Singh were introduced to the complainant. He handed over two currency notes to the Additional S.P. on which he put his initials. Then phenolpthalein powder was smeared upon them by Ramesh Chandra constable No. 202. The notes were handed over to Bagh Singh with the direction that the same may be handed over to the appellant when he demands and that he should give a signal by putting his hand on his head. That would be an indication that the money has been handed over. Proceedings were recorded. At 9.30 a.m. the trap party started but after five minutes the jeep became out of order. When it was standing on the road the appellant was seen going from Udaipur to Delwara. It was Dashrathlal, a member of trap party, who identified him. After the jeep was repaired the trap party reached near Perfect Thread Mill, Amberi. Appellant was inside the mill. The complainant was asked to meet the appellant in the mill itself and the trap party was made to wait in hiding. Then the complainant went inside the mill. At 1 : 20 p.m. Bagh Singh gave signal which was seen by Jitendra Kumar constable. Jitendra Kumar and Nojaram then caught hold the appellant by hands. Appellant tried to run away even after he came to know that it was the trap party of the Prevention of Corruption Department. Constable Jitendra Kumar had seen appellant accepting currency notes from a distance of about 40 feet. Bagh Singh told that the appellant was present in the room of Security Officer from where he came out and inquired if he had brought money. Then Bagh Singh replied in affirmative. Appellant demanded the money which was handed over to him. The appellant put the currency notes in the front of pocket of his shirt. The Additional S.P. inquired from the appellant and he told that he did not accept any money and that there was no case file or no inquiry pending with him and that the inquiry was pending with Jamnalal Head Constable. Then the right hand of the appellant was washed in water which contained sodium carbonate. It changed its colour. Hand wash was sealed in bottles. The pant of the appellant was taken in possession. Prosecution case is that when appellant tried to run away and was stopped, an uproar was made during which appellant threw away the currency notes from his pocket and the same were collected from the ground by Loom Singh who kept them in his pocket. Appellant was arrested then and there.