- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Jharkhand High Court. Two appeals were filed by the present appellant and one Nag Narain who was accused No. 2 questioning correctness of the judgment dated 4th December, 1997 and order of sentence dated 16.12.1997 passed by the Special Judged CBI, Ranchi in R.C. case No. 15 of 1998. Learned Special Judge held the appellants guilty of offence punishable under Sections 120B and 161 of the Indian Penal Code, 1860 (in short the 'IPC') and also under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 (in short the 'Act'). Each of them was sentenced to undergo RI for one year and to pay a fine of Rs. 5,00/- with default stipulation.
(3.) Prosecution version as unfolded during trial is as follows : A written complaint was made to S.P. CBI, Dhanbad on 1.9.1985 by one Raju Hadi, Safayi Mazdoor of Pathological Laboratory Area-9, BCCL, Dhanbad alleging therein that he had visited Chamodih Dispensary in connection with treatment of his father Sri Hublal Hadi who was examined by Dr. L.B. San, who referred him to Central Hospital, Dhanbad. Hublal Hadi was admitted in Bed No. 16 ENT Department of Central Hospital on 29.8.1985. Raju Hadi had been to the hospital on 31.8.1985 to see his ailing father and his ailing father complained of lack of proper treatment and he requested him to meet the concerned doctor, Raju Hadi ascertained that his father was under the treatment of Dr. R.R.S. Seth, the appellant. He requested Nag Narain to allow him to meet Dr. R.R.S. Seth and met Dr. R.R.S. Seth, who demanded a sum of Rs. 500/- from him for giving proper medical treatment to his father and also insisted that the amount be paid on 1.9.1985. The doctor also told Raju Hadi that in case he was not available in the hospital, he would pay the amount to his ward boy Nag Narain, who would pass the amount to him. Since Raju Hadi was not willing to make the payment of bribe amount to the doctor and ward boy, he lodged a complaint to the S.P. CBI, Dhanbad for taking necessary action. On the basis of complaint, verification was made and on getting confirmation report, Sri R.C. Choudhary, Inspector, registered the complaint on 1.9.1985 and took up the investigation. The I.O. obtained the services of the two independent witnesses Devraj Prasad Sinha (PW-2) and Ved Prakash Pahuja (PW-1). These two independent witnesses reported before Shri R.C. Choudhary in the office of the CBI. Thereafter members of the CBI formed a raiding party and this party also assembled before him. After formal introduction of each other, the purpose of assembly was explained and practical demonstration regarding the purpose and use of phenolphthalein powder and chemical reaction with sodium carbonate was given in the immediate presence of two independent witnesses and the members of raiding party. After demonstration was over, the informant Raju Hadi was asked to produce a sum of Rs. 500/- (five G.C.C. notes of rupees one hundred denomination each) and he produced the same and numbers of these notes were noted down and these G.C.C. notes were tainted with phenolphthalein powder and handed over to Raju Hadi. The informant was directed to pay the amount to the accused only on demand. Instructions were also issued to the witnesses and the members of the raiding party to play their respective parts before and after trap. All these practical demonstrations were noted down and demonstration chart was prepared on which all the members of the raiding party made their respective signatures. After pre-trap formalities, PW3 and other members of the team including independent witnesses proceeded towards Central Hospital and PW2 was directed to shadow PW3 and to hear conversation in between the PW3 and the appellants. When they reached Central Hospital and went to the chamber of appellant Dr. Seth, chamber was found locked but informant met other appellant Nag Narain and PW3 paid the tainted money amounting to Rs. 500/- to Nag Narain who kept the same in his right pocket of his shirt and asked PW3 to proceed with him to the residence of Dr. Seth as he will give money in his presence and PW3 appellant Nag Narain proceeded from Central Hospital to the residence of Dr. Seth and PW2 and other members of the team were following them. When PW3 remained near the gate, other persons of the team remained outside the gate. On reaching burand of the house, appellant Nag Narain pressed call bell whereupon appellant Dr. Seth opened the door and came out and he gave money to him. In the mean-time, PW2 who saw this came out of the gate and gave signal and thereafter members of the team pounced upon them introducing themselves as CBI officials and they caught Dr. Seth and recovered money from his possession, Nag Narain was also caught. Thereafter right hand of Dr. Seth was dipped in a solution which turned pink and this solution was kept in a bottle and sealed. Similarly, left hand of Dr. Seth was also dipped in another solution which also turned pink and this solution was also kept in a separate bottle and sealed. At the same time, right hand of appellant Nag Narain was dipped in similar solution which also turned pink and was kept in a bottle and sealed. Similarly left hand of Nag Narain was also dipped in another solution which also turned pink and this solution was also kept in a bottle and sealed. His shirt was also dipped in a solution and that solution turned pink and that solution was kept in a bottle and sealed. Thereafter members of the team put their respective signatures on all the bottles which were sealed. Thereafter post-trap formalities were carried out at the premises of Dr. Seth, upon which all the members of the team put their respective signatures. Both Nag Narain and Dr. Seth were later arrested soon after recovery of money. After investigation of the case charge sheet in the case was submitted and cognizance of the case was taken and learned court below in course of trial recorded evidence of witnesses of both sides and marked exhibits of documents produced on behalf of both sides and ultimately came to a conclusion and held both the appellants guilty and accordingly, convicted them and sentenced them.;