KHEMBU RAM Vs. STATE

JUDGEMENT

(1.) This is an appeal against the Judgement of the Special Judge, Kangra, in a case under Section 5(2) of the Prevention of Corruption Act, 1947, read with Sections 161 and 109 of the Indian Penal Code, whereby the accused Khembu Ram, Head Constable of Police Station Shahpur, has been convicted and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 500/ -, in default to undergo further rigorous imprisonment for three months.

(2.) The prosecution case in brief may be stated, Manmohan Lal was the Sub -Inspector while Khembu Ram was Head Constable and both were posted at Police Station, Shahpur in September, 1969. One Khushi Ram resident of Haripur was suspected for committing theft and keeping stolen property at his house. At first the police officials of Police Station Jawalamukhi summoned him for interrogation. Thereafter the police officials of Police Station, Shahpur started interrogation. A case was registered before them under Sections 457 and 380 of the Indian Penal Code. Their suspicion for Khushi Ram got confirmed and on 7th September, 1969 he was arrested from his house by Khembu Ram accused. He was brought to P.S. Shahpur and it is stated that the Sub -Inspector Manmohan Lal as well as Khembu Ram Head Constable demanded bribe from him and asked him to pay Rs. 2,000/ - to hush up the matter. On 8th September, 1969 Ram Dass who is grandson of Khushi Ram learnt about the arrest and he met the Sub -Inspector. It is stated that the demand of bribe was repeated to him and Rs. 1,000/ - were demanded. On 8th September, 1969 Ram Dass came to Dharamsala and met Shri Bhagat Ram, Advocate, and complained to him. He was, however, replied that he could report to executive authorities. On 10 -9 -1969 Khembu Ram brought Khushi Ram handcuffed to Haripur and searched his house but nothing incriminating was found. In the meantime, remand orders were obtained and it is stated that on 10 -9 -1969 when Khembu Ram was bringing Khushi Ram to P.S. Shahpur, they alighted from the bus at Matour. The Sub -Inspector happened to meet them there. It is stated that the Sub -Inspector demanded bribe from Khushi Ram by raising his two fingers which upon enquiry by Khushi Ram, as he stated, meant a bribe of Rs. 2,000/ - and nothing less than that. It is also stated that finally the deal was settled at Rs. 1,000/ -. On 12 -9 -1969 Khushi Ram was bailed out from the Court, but still he went to the Police Station with his grand son Ram Dass and some others on 14 -9 -1969. Ram Dass had also taken his tape -recorder, as they intended to record the talk of bribe which was likely to arise between them and the Sub -Inspector or Khembu Ram. It is said that Khembu Ram brought these men to the Rest House of Shahpur and at that place the bribe talk was repeated which was tape recorded. Ram Dass promised to pay Rs. 1,000/ - to the Sub -Inspector through his agent Khembu Ram at 10 A.M. on 15 -9 -1969 at the bus -stand at Dharamsala. On 15 -9 -1969 Ram Dass sought interview with the Deputy Commissioner, Kangra at Dharamsla. He gave in writing the F.I.R. (Ex. P.A.) and the Deputy Commissioner entrusted the case to his General Assistant S.N. Verma who in return summoned for assistance Shri K.C. Sharma S.D.M. and Shri Gangbir Singh S.P. One Sant Ram. Lamberdar of some panchayat, was also associated and the party prepared themselves for the laying of the trap. Ram Dass procured for them currency notes (Ex. P.1 to P. 55) of the value of Rs. 1,000/ - which were duly signed by Verma. They came and sat in a tea -shop near the bus -stand. There was also a petrol pump nearby. Ram Dass was asked to go and give bribe to Khembu Ram. He was to give the signal by scratching his head. Accordingly at about 4 P.M. Ram Dass gave the bribe money to Khembu Ram whom he found at the bus -stand. He gave the signal and Verma accosted the accused. He was brought to the petrol pump and his search was taken in the presence of the witnesses. The signed currency notes were recovered from him and he was prosecuted for the offence of taking bribe with the aid of Section 5(2) of the Prevention of Corruption Act, 1947.

(3.) The prosecution made Manmohan Lal, Sub -Inspector, as well as Khembu Ram, Head Constable, as accused in the Cases. Their defence was one of denial. It was stated by Khembu Ram that he had gone to Dharamsala on official work on 15 -9 -1969. In the Court premises he met his cousin brother Suti Parkash who was involved in some criminal case of which the judgement was to be pronounced on that date. He was interested in that case and the judgement was pronounced at about 3 P.M. and Suti Parkash was acquitted. Thereupon Suti Parkash insisted that the occasion should be celebrated and both of them purchased a bottle of wine and feasted on it. The result was that Khembu Ram got durnk. However, he came to bus -stand where he had to board the bus for P.S. Shahpur. He happened to meet Ram Dass who insisted that he should take tea with him and started dragging him. He clasped him by putting his hand around his waist and because he had a grievance against him due to the case which the accused was investigating against Khushi Ram, Ram Dass stealthily planted the incriminating notes in the pocket of his pant. Later on he was arrested by Verma and others. Thus the accused denied that he accepted or obtained the incriminating amount and stated that he did not take any bribe. The Sub -Inspector Manmohan Lal also denied that any talk took place between him and Ram Dass or Khushi Ram regarding bribe. He asserted that Ram Dass wanted that the case should not be investigated against Khushi Ram who was a history sheeter and a bad character. Since he refused to accede to his request. Ram Dass threatened him and took this revenge by falsely implicating Khembu Ram and himself. In this manner, both the accused denied that any bribe was demanded or was ever paid to them.