- (1.)BY way of present appeals filed under Section 374 of the Code of Criminal Procedure, 1973, the appellants-original accused had prayed to quash and set aside the judgment and order of conviction and sentence dated 19th August 1997 passed by the learned Special Judge, Sabarkantha, Himmatnagar, in Special Case No.07 of 1989 whereby the learned Judge was pleased to convict the appellants.
(2.)APPELLANT-Amarabhai Kacharabhai Raval-original accused No.2 in Special Case No.07 of 1989 has preferred the Criminal Appeal No.837 of 1997, whereas the appellant-Dudhabhai Methabhai Vankar-accused No.1 in Special Case No.07 of 1989 has preferred the Criminal Appeal No.852 of 1997 challenging the judgment and order of conviction and sentence dated 19th August 1997 passed by the learned Special Judge, Sabarkantha at Himmatnagar. Since both the appeals arise out of the same judgment delivered by the learned Special Judge, Sabarkantha at Himmatnagar in Special Case No.07 of 1989 and since the set of oral as well as documentary evidence is same, both the appeals are heard together and are disposed of by this common judgment.
As per the case of the prosecution, the appellants are serving in the Forest Department. The appellant of Criminal Appeal No.837 of 1997 is serving as Bit Guard, whereas the appellant of Criminal Appeal No.852 of 1997 is serving as Forester. It is further the case of the prosecution that the applicant-Manglaji Sukaji Kaneja, resident of village Odh, Taluka Bhiloda, is an agriculturist. As per the case of the prosecution, the complainant is having three wells; out of which one well was constructed in the year 1988 and for the purpose of construction, the complainant needed some stones. As per the knowledge of the complainant, other villagers have also brought stones from Rojiya Hills, which is under the Forest Department. As per the case of the prosecution, when on 02nd January 1988 when the complainant was on his way to meet the appellants-original accused, both the appellants were passing through on motorcycle. Therefore, the complainant requested them to stop there and thereafter requested the appellants to allow him to excavate stones from Rojiya Hills. It is alleged that at that time, the appellants demanded Rs.600/- from the complainant and further told the complainant that only after payment of half of the amount, the complainant can excavate stones from the Hills. It is also alleged that at that time, the accused No.1 asked the complainant as to how much amount he is having, to which the complainant replied that he is having Rs.100/-. It is also alleged that both the appellants-accused told the complainant to make payment of half of the amount immediately. As per the case of the prosecution, as at the relevant point of time the complainant was having only Rs.100/-, the complainant paid the said amount to the accused No.2-Beat-Guard and it was agreed to make payment of Rs.200/- to the accused No.2 on the next date. As per the case of the prosecution, the complainant went to Parla at the residence of the accused No.2 along with one Punaji Shakraji. He was not there. Both the persons met the accused No.2 at the Bus-Stand of village Parla. It is alleged that at that time the accused No.2 asked as to whether they have brought money? The complainant replied in the affirmative and thereafter, they went to the place of one blacksmith situated near S.T. Bus Stand. It is alleged that at that time, amount of Rs.200/- was given to the accused No.2, which the accused No.2 accepted and put the same in his pocket. Thereafter, as alleged, the accused No.2 took the thumb impression of the left hand of the complainant on a blank paper and he further told that on the date of excavation of the stones from the hill, he had to contact them and thereafter stones were to be removed. Thereafter, the complainant employed some labourers to excavate the stones and as the complainant wanted to remove the stones, he again contacted the appellants. It is the case of the prosecution that the meeting was held at Shamlaji three roads. It is also the case of the prosecution that when the complainant told the accused No.1 with regard to removal / transportation of stones, the accused No.1 told the complainant to make payment and thereafter the complainant can remove the stones. Thereupon the complainant told that first he would transport the stones and thereafter he would pay the amount, to which the accused No.1 did not agree.

It is the case of the prosecution that as the complainant understood that receipt of Rs.300/- was not given and the appellants were asking illegal gratification, the complainant decided to approach the ACB Officer and on the next day, the complainant approached the Officers of ACB. The appellants asked the complainant to pay an amount of Rs.300/- on Saturday, to which the complainant agreed to meet on the junction of three roads at Shamlaji. It is the case of the prosecution that complaint was lodged before the ACB. Thereafter, the services of two panchas were sought. The facts of the case were narrated to them and thereafter the demonstration was made on the currency notes with the help of anthracene powder. The basic ingredients of the anthracene powder were explained to the panchas as well as the complainant. After performing the demonstration, preliminary part of the panchnama was drawn. The currency notes were smeared with anthrecene powder and the said currency notes were put into the pocket of the bush-shirt of the complainant. Thereafter, all the members of raiding party, the complainant and two panchas proceeded to Shamlaji at the junction of three roads. They stopped the vehicle near the petrol pump and the complainant and the panch No.1 proceeded to the junction of three roads. They waited for the appellant-accused at the hotel situated at the junction of three roads. It is alleged that thereafter the accused No.1-Forester came. Thereafter, as alleged, the complainant very much pressed for paying some less amount than Rs.300/-, to which the accused No.1-Forester replied that in fact we recover Rs.5000/- as penalty on catching the tractor, but you should pay the amount as agreed between us earlier and no less amount than that and if you want to meet RFO, you can meet him. Thereafter, the accused No.1 went out for sometime on his motorcycle and on his return, he asked the complainant as to what he has decided. After some conversation, the complainant took out the smeared currency notes from the pocket of his bush-shirt and gave the same to the accused No.1. The accused No.1-appellant has accepted the same and put it in the pocket of his bush-shirt and closed the flap of the pocket. It is the case of the prosecution that thereafter the complainant gave the signal as decided.

(3.)THEREAFTER, members of raiding party rushed to the spot and caught the accused No.1. THEREAFTER all the persons went to the Government Guest House where experiment of UV lamp was carried out. Three currency notes were found from the bush-shirt's pocket of the accused No.1. On seeing those noes in UV lamp, blue fluorescent marks were found. From the pocket of the accused No.1-appellant currency note of Rs.2/-, one chit and one key were also found. Presence of anthrecene powder was also found in the pocket and on the hands of the accused No.1-Forester. THEREAFTER, after following necessary formalities, second part of panchnama was drawn.
Thereafter the accused No.2 was also arrested by the Police in connection with the the offence as it was alleged that on earlier occasions, i.e. on 02nd January 1988 and on 03rd January 1988, an amount of Rs.100/- and Rs.200/- respectively were paid to the accused No.2. Thereafter, the Investigating Officer recorded statements of various persons. From the residence of the accused No.1 certain record was seized under the panchnama. The panchnama was also drawn pertaining to the well which was under construction in the field of the complainant as well as panchnama regarding excavation of stones from Rojiya Hills was also drawn.