CHANDANMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal against the conviction of Chandanmal Appellant, S.H.O. Police Station, Sagwada District Dungarpur, under Sec. 5(1) (d) of the prevention of Corruption Act, 1947 and sentenced to rigorous imprisonment for one year within a fine of Rs. 500.00, in fault of payment of fine to further undergo 6 months rigorous imprisonment, Under Sec. 161 Penal Code and sentenced to Rigorous imprisonment for 2 years and a fine of Rs. 1000.00, in default of payment of fine to rigorous imprisonment for 8 months under Sec. 5(2) read with (5)(1) (d) of the Prevention of Corruption Act, by the Special Judge for A.C.D. Cases, Rajasthan, Jaipur, dated Oct. 16, 1975.

(2.) The prosecution case, in brief, as put-forth before the trial court was that one Kachru, PW. 3 was wrongly taken to be dealing in the selling of illicit liquor by the accused. The accused thus made a demand of Rs 100.00per month from him as illegal gratification, so as to permit Kachru to carry on his business of selling illicit liquor. Kachru avoided the payment on one or the other ground. Ultimately about 3.4 days prior to the laying of the trap, the accused approached Kachru at his house and persisted that either the amount of Rs. 100.00 per month be paid to the accused or he (Kachru) would be involved in some case. Kachru succumbed to the illegal demand made by the accused and promised to pay him Rs. 100.00in the first instance and the remaining amount after some time. Kachru was not inclined to pay the said amount as bribe and as such he approached Shri Namo Narayan Meena PW. 7, Superintendent of Police, Dungarpur on 6-12-1973 at about 6.30 A.m. He lodged a written report Ex P. 2 executed by Dhyani Lal. Government currency notes worth Rs. 100.00 article 4 to 11 were also presented by Kachru before the Superintendent of Police. Shri Namonarayan Meena, S.P noted down the numbers of the notes on the back of the report Ex. P. 2 and also put bis initials on the notes. The notes were dusted with phenolphthalein provider by the Superintendent of Police himself and the same were handed over to Kachru vide Memo Ex. P. 3 in presence of the Motbirs, Shanker lal, PW. 5 and Dhyani Lal. Kachru was asked to pay the notes on demand to be made by the accused and give a signal as soon as the notes were passed on to the accused. Thereafter, Shri Namo Narayan, S.P. Dungarpur proceeded to Sagwada laying a trap against the accused on the very day. Kachru and Motbirs were sent in advance in a separate Jeep to Sagwada and the Superintendent of Police along with trap party followed them in another Jeep. The party stopped near a Petrol-pump, situated near about the police Station. Sagwada. The decoy Kachru along with his nephew Prem Chand, PW. 8 were sent in advance to the Police Station to hand over the notes to the accused on his demand and to give a signal after delivering the notes. After a few minutes, Prem Chand, PW. 8 came to the Superintendent of Police and informed him that bribe had been passed on to the accused. The S.P. along with Motbirs reached the Police Station, Sagwada and found the accused in his residential quarter in side the Police Station. The Super-indent of Police asked the accused to stand-up and demanded the accused to produce the bribe taken by him from Kachru. The accused did not speak and kept mum At this time Kachru told the Superintendent of Police that the accused had, after taking the noise from him kept the same under-neath the table cloth on the table lying before the accused. The place where the notes had been put by the accused under the table cloth was found a bit raised an turning the table cloth, the notes were found lying on the table. The numbers of these notes were tallied with those of the memo Ex. P. 3 and found to be correct. The S.P. then got the hands of the accused washed in two glasses in which sodium carbonate had been mixed. According to the prosecution case the hand wash of the right hand changed into pink colour while that of the left hand wash remained while. The S.P. sealed both the hand wash in separate bottles and prepared seizurememo, Ex. P. 4 in the presence of Motbirs Dhyani Lal, Shanker Lal, PW 5 and Chhagan Lal PW. 4. According to the prosecution case, PW. 4 Chhagan Lal had also arrived there by that time, as such he was also made a witness of memo Ex. P. 4. The S.P. then returned back to his Head Quarters at Dungarpur and thereafter all concerned papers were sent to the Anti Corruption Department. In due course FIR Ex. P/7 was chalked out by the Additional S P. A.C.D. Udaipur 30th Jan., 1974 and investigation was also made by him. The hand wash kept in sealed bottles was sent to the chemical Examiner by the Superintendent of Police, Dungarpur. The Chemical Examiner vide his report Ex. P. 8 showed that the hand wash of the accused of his right hand was positive for phenolphthalein powder while the bottle containing left hand wash had no such contents of phenolphalein The Additional S P., A C D. after completing the investigation sought necessary sanction for prosecution from the D.I.G., Udaiphr. PW. 2 Shri G. C. Singhvi, D.I.G. Udaipur range, after perusing the record accorded sanction for prosecution vide Ex. P/1. A charge sheet was thus filed on 29-8-74 against the accused in the court of Special Judge, A.C.D. Cases, Rajasthan Jaipur. The charges were framed against the accused Under Sec. 161 IPC. and Sec. 5(2) r.w. Sec. 5(1)(d) of the Prevention of Corruption Act, 1947. The accused pleaded not guilty to the charge and claimed to be tried.

(3.) The prosecution in support of its case examined in all 8 witnesses. The accused in his explanation Under Sec. 313/281 Cr. P.C, refused to have demanded any bribe from Kacbru and also denied the acceptance of Rs. 100.00as bribe from him. He however, admitted that on 6-12-1973 the S.P Dungarpur had come along with raiding party. He also stated that his hands were, of-course, washed by the S.P., but the water did not turn pink in either of the glasses. The water turned Mat-Melaby washing the hands. In the local dialect or any other language the "piak" colour is not called Mat-Mela. His further case was that the bottles were not sealed properly. The slips were not pasted.The case of the accused further was that there was a group consisting of Kachru, Shanker Lal, Chhagan Lal and Dhyani Lal. These persons often created trouble for Government servants by trapping them. Dhyanilal publishes a Newspaper.These persons have falsely involved him in the case in collusion with the S.P. Sahab.The S.P.was also unhappy with him. Kachru was also annoyed because he had challenged Prem Chand The accused also took the stand that when he was posted as P S.I , at Udaipur Court, then a case under Sec. 454/380 Penal Code was filed against his brother Rajtnd and Shanti Lal in the Police Station, Pratapgarh, which was in the circle of Shri Namo Narayan Meena who was C.O. at that time. This case was registered in May, 1973 and the property belonged to the accused and his brother, which they had obtained through a decree of the Court. The accused had requested Shri Namo Narayan that a false case had been lodged against his brother and entire record may be perused. Shri Namonarayan though summoned the papers but then summoned the S.H.O. for discussions. The accused then again submitted applications to Shri Namonarayan Meena in this regard on 4-6-1973 and 9-6-1973, but he did not take any action Since then the relations between Namonarayan and accused and his brothers became strained. Shri Namonarayan then said that the goods will have to be recovered. According to the accused he told Sh. Namonarayan that there no goods to be recovered. On this the accused was a transferred as P.S.I. Salumbar from P.S.I., Udaipur on 22-6-1973. The S H.O. tried to arrest Rajmal, brother of the accused on 24-6-1973 and Shri Namonarayan made the present accused as an accused in that case also. The accused then submitted applications to S.P. Sahib on 27-6-73 and 5-7-73. Shri Namonaran did not take any action on that application nor he called the file. After the transfer of the accused to Salumber, Shri Namonarayan took money from the brother of the accused and filed an F.R. against his brother on 5-9-1973 which was granted by the court. Shri Namonarayan told the accused at that time also that he will settle terms with him when he would become S.P. Since Shri Namonarayan had taken money from the brother of the accused, his terms with Namonarayan became strained. Neither he demanded any money from Kachru, nor did he accept in. The colour of the water also did not change after washing his hands. The accused also examined 4 witnesses in support of his case.