EMPEROR Vs. KESRI CHAND

JUDGEMENT

(1.) This is an application in revision by the Provincial Government and the prayer contained in the application is that the sentence passed on Kesri Chand, opposite party, be enhanced. Kesri Chand was tried under two charges and convicted by a Magistrate of the first class for offences punishable under Section 116 read with Section 161 Indian Penal Code. The charge against Kesri Chand was that he on two different dates, viz., 31 July 1942 and 10 August 1942, paid Rs. 2000 and Rs. 1500 respectively to one Capt. Martin as an illegal gratification with a view to have the inferior stores supplied by firms in which Kesri Chand was interested passed at the Agra Ordnance Inspection Depot. The Magistrate sentenced Kesri Chand to six months rigorous imprisonment and a fine of Rs. 500 on each count and ordered the sentences of imprisonment to run concurrently. On appeal by Kesri Chand, the Sessions Judge of Agra, while affirming the conviction of Kesri Chand with respect to both the charges set aside the sentence of imprisonment and enhanced the sentence of fine from Rs. 500 to Rs. 2500 on each count.

(2.) The facts that led to the prosecution of Kesri Chand are no longer in controversy and are as follows : There is an Ordnance Inspection Depot at Agra for the supply of stores, tentage, textiles etc., to the military. The Depot places orders with contractors for the supply of the goods and the goods supplied have to conform to specified specifications. Up to 5 April 1942, one Capt. Poster was the officer-in-charge of this Depot. Brigadier Woolfe, the Controller-General of Inspections, was dissatisfied with the conditions prevailing in the Depot and considered that inferior stores were being accepted on receipt of illegal gratifications. Capt. Foster was, therefore, not only removed from the Depot but was put under close arrest and we were informed by the Advocate-General, who appeared on behalf of the Provincial Government, that Capt. Poster was tried and "cashiered." Poster was replaced by Capt. Martin. Capt. Martin was sent to Agra with the definite instruction to remedy the evil prevailing in the Agra Depot and was, in due course, advised to lay a trap for the contractors who were either in the habit of, or attempted to offer bribes. On reaching Agra, Capt. Martin found that most of the stores that had been accepted were inferior in quality and he accordingly set up new standards of quality which the contractors regarded as too stiff. The contractors made representations to superior officers, but Capt. Martin's standards were with few modifications, accepted. This, naturally, caused consternation to some of the contractors and they threw out suggestions to Capt. Martin to the effect that he could get Rs. 40,000 a month from contractors as bribe if he passed inferior stores. It is alleged that one of such contractors was Kesri Chand, the opposite party before us.

(3.) Kesri Chand is the owner of a firm styled Kesri Chand & Co. He is also interested in two other firms, Lakhmi Chand & Co., and Shil Chand & Co. Lakhmi Chand and Shil Chand are cousins of Kesri Chand. In or about July 1942, three contracts of the value of about Rs. 6 lakhs between the Government and the said three firms for the supply of tents and "pillows-feather-hospital" were pending. About 750 tents and 24,000 pillows had been supplied under these contracts by the three firms, but Capt. Martin had put the same under query and had not passed the same. It has been found as a fact by the Sessions Judge-and no exception has been taken to this finding-that the tents and the pillows were inferior in quality and did not conform to the requisite specifications. Major Cooper, who is a superior officer, came to Agra about the third week of July and inspected the pillows. He was of the opinion that the pillows were defective and Shyam Lal, father of Kesri Chand, agreed to rectify the defects. The tents were also found to be defective. The three firms were, therefore, faced with an awkward situation and were under the apprehension that the pillows and the tents might be rejected. This would have involved the firms in considerable financial loss. It was in these circumstances that Kesri Chand offered to pay and did pay Rs. 2000 to Capt. Martin on 31 July 1942, for passing the pillows and again paid a sum of Rs. 1500 to Capt. Martin on the evening of 10 August 1942, as a reward for showing favours, in the exercise of his official functions, by passing the inferior stores supplied by the three firms.