MOHANLAL MOOLCHAND Vs. EMPEROR

JUDGEMENT

(1.) THE appellant, Mohanlal Moolchand Mundhyani of Cawnpore was convicted and sentenced by the Special Tribunal, Lucknow, at Jubbulpore, to undergo 6 months rigorous imprisonment and to pay a fine of Rs. 1500 under Section 116 read with Section 161, Penal Code. The prosecution case against him was briefly summarised as follows. The appellant was the manager of the Cawnpore firm known as "Kashmir Fruit Mart" and his tender in August 1944 for the supply of fruit to the Jubbulpore area was not accepted. In September 1944, Major R.L. Denton (P.W. 2), Deputy Assistant Director of Local Purchases, Jubbulpore, made enquiries for the supply of poultry to the troops for Christmas and the appellant approached him in the beginning of October of that year with a statement of his rates. Major Denton told him to have the stock ready pending receipt of definite orders from Central Command concerning the purchase of the poultry. On the morning of 16th October he went to Major Denton's office, asked him what was happening in the matter of the poultry contract and remarked that he was wasting his time in Jubbulpore without business. He also asked Major Denton to accept his fruit tender under any terms, but Major Denton informed him that the contract had already been given and that the sanction for the purchase of poultry had not yet been received. The appellant then handed Major Denton an envelope with currency notes protruding from it, but the latter angrily pushed the notes away and told him to get out. The appellant apologised for his conduct and was told by Major Denton that when the sanction for the purchase came he would be given the contract without having to pay for it. The appellant then went away and Major Denton reported matter at Area Headquarters to Staff Captain "A". A meeting was arranged between Major Denton and Kunwar Sen (p.w. 3), Inspector, Special Police Establishment, War Department, Government of India, that afternoon and in the course of it the latter told him to treat the appellant normally if he came to his office again and to put him off until he (Kunwar Sen) would have arranged to entrap him.

(2.) THE sanction for the purchase of poultry was thereafter received and when the appellant visited Major Denton's office on the morning of 18-10-1944, Major Denton asked him what he had offered on 16th of that month and was told that he had offered only a small amount but wag willing to give him 5 per cent. on all contracts made with him and he added that the supply would cost about Rs. 2000. They then arranged to meet at 8 o'clock that night at Jackson's Hotel where Major Denton was staying. Major Denton thereafter reported the conversation to Staff Captain "A" and in the afternoon made the signed statement, Ex. P-12, at Area Headquarters to Kunwar Sen. The latter told him that he would meet him at Jackson's Hotel at about 7-30 p.m. and asked him to carry on normally with the accused with regard to the arrangements for the poultry contract. At about 7-30 p.m. Kunwar Sen, Mr. S.L. Sonakia (P.W. 1), First Class Magistrate, who had been ordered by the District Magistrate, to assist him, and the District Magistrate's stenotypist Venkatraman, who died before the trial, arrived at Jackson's hotel and it was arranged between them and Major Denton that the three of them were to take up their positions in the bedroom adjoining his sitting room. The door between the two rooms was open but there was a curtain which concealed the occupants of the bedroom. Major Denton's person and room were searched in order to find out whether there was any money there and whatever money there was handed over to Major Denton's wife who took no further part in the matter. At about 8 p.m. his bearer brought the appellant's visiting card, Ex. P-8, and when he entered the sitting room he was offered a cigarette and a drink and was asked whether he had come in connexion with the poultry contract. He was also asked for the revised poultry rates and he wrote them down in pencil on the paper, Ex. p. 6. When Major Denton asked him what his commission was to be, he stated that it would be 5 per cent. and would amount in all to Rs. 2200. When asked whether he had brought the money, he replied that he had brought Rs. 500 and had been unable to bring the balance as the bank was closed for Diwali. Major Denton then asked him to sign Ex. p-6 and when he had done so he handed him currency notes of the value of Rs. 500 which Major Denton put in his pocket and informed him that he had received sanction for the purchase of the poultry. After the appellant had informed Major Denton that he would take the order from his office on the following day, he said "Good Night" and proceeded to go away. At this point Major Denton gave a prearranged signal to the witnesses by turning on his radio to show that the money had been accepted and that the appellant was going away. The witnesses emerged from the bedroom when the appellant had stepped out of the sitting room to the verandah and he was stopped by Kunwar Sen and brought back into the sitting room where the amount of Rs. 500 was seized with other articles.

(3.) THE appellant in examination declared that Major Denton had given him the poultry contract in the beginning of October 1944 but had informed him on the 16th of that month that sanction to it had not yet been received. When he explained that his firm required a written contract, Major Denton informed him that the contract was provisional and as there was no written contract he required him (appellant) to make a deposit to ensure his adherence to the rates agreed on. Major Denton, he continued, told him that the amount of the required deposit would be 6 per cent. and he then paid him Rs. 500 in part payment to enable him to begin supplying poultry. On the morning of 18-10-1944, Major Denton sent his chaprasi Durga to call him to his office and when he went there informed him that sanction had been received and asked him to revise the rates for poultry, but added that as he was then busy the appellant should meet him at his hotel in the evening. This meeting took place at about 8 P.M. that day and during it, according to the appellant, Major Denton asked him what commission he was going to give him. This in view of the morning's conversation he took to refer to the deposit and he accordingly replied that it would be 6 per cent. as desired by him. He was then asked to revise the rates and did so in the paper Ex. P-6. Major Denton accepted the rates and informed him that he would receive the order next day from his office. As he was leaving the room in the hotel he was stopped by Kunwar Sen and Mr. Sonakia and because of his confusion did not notice what occurred after it. Finally, he denied that he had given Rs. 500 to Major Denton on that evening or that he had ever paid him the bribe. As to the transcript Ex. P-3, he agreed that it was correct with the two exceptions, the first being that he had replied "6 per cent." and not "5 per cent." when asked "What commission you will give? and the second that he had said "I have paid Rs. 500" and not "I have brought Rs. 500."