Chinnappa Reddy, J. - (1.) The sole appellant in this appeal by Special leave was convicted by the learned Special Judge, Tikamgarh, Madhya Pradesh under Section 214 Indian Penal Code and sentenced to suffer rigorous imprisonment for a period of. one year. He was acquitted of a charge under Section 165A Indian Penal Code. The conviction and sentence under Section 214 Indian Penal Code were confirmed by the High Court of Madhya Pradesh.
(2.) The brief facts of the prosecution case are as follows: Dalip Yadav, P. W. 5. learnt that the accused who was an Overseer in charge of Feeder Channel of Extension and Improvement, Mohangarh Tank Project, was misappropriating Government money by preparing false muster rolls. The accused used to send instructions to the Mistry P. W. 7 regarding the manner in which the false muster rolls were to be prepared. Two such letters came into the hands of P, W. 5, P. W. 5 wanted that action should be taken against the accused. Therefore, he sent a petition, Exhibit 20 to the Collector. The accused, somehow, came to know about the petition sent by P. W. 5 to the Collector. He contacted P. W. 5 and wanted him desist from taking further action in the matter. There were some preliminary negotiations and the matter was to be finally settled in the house of one Ram Kishan Misra a Vakil of the place. A meeting was held on the morning of 31st October. 1966. Thakurdas with whom P. W. 5 used to generally stay whenever he went to Mohangarh, was present:Sita Ram. P. W. 1, Bindraban. P. W. 4 and Ram Ratan, P. W. 6 were also present. It was settled that Dalip Yadav should be paid a sum of Rs. 500/- by the accused and that Dalip Yadav should hand over the two letters and a written compromise to the accused. The accused left the place stating that he wanted to arrange for the money. Dalip Yadav who was not really interested in obtaining any money for himself, decided to report the matter to the Police. He got a petition Exhibit 16 prepared by P. W. 6 addressed to the Superintendent of Police. He also got prepared another application Exhibit P. 2 addressed to the Collector. He first went to the Superintendent of Police and, on his instructions, went to P. W. 9 the Deputy Superintendent of Police. P. W. 9 prepared a Panchnama, Exhibit P. 1, referring to Exhibit P. 2 and then returned P. 2 to P. W. 5 with instructions to go to Mishra's house a little ahead of him and to receive the money from the accused. P. W. 5 was instructed to give a signal on seeing which P. W. 9 would also enter the house of Ram Kishan Mishra. Accordingly, P. W. 5 went ahead followed by P. W. 9. When he entered the drawing room of Ram Kishan Mishra's house, he found the accused, Thakurdas, Ram Rattan P. W. 6. Sita Ram P. W. 1. and Brindavan P. W. 4 sitting there, waiting for him. The accused gave the money to P. W. 5 and asked for return of the letters and the application. P. W. 5 handed over Exhibit P. 2 to the accused. He also signed Exhibit P. 4. a compromise letter. He told the accused that the two letters P. 17 and P. 18 were in his village and that he would give them to him afterwards. He gave a signal on seeing which P. W. 9 came to the room. P. W. 9 introduced himself as Deputy Superintendent of Police. He seized Exhibits P. 2 and P. 4 from the accused. He recovered Rs. 500/- from P. W. 5. He then arrested the accused. On the next day. P. W. 5 produced Exhibits P. 17 and P. 18 before P. W. 9. After completing the investigation, P. W. 9 laid a charge-sheet against the accused for offences under Section 214 Indian Penal Code. Section 165 Indian Penal Code and Section 5 (2) of the Prevention of Corruption Act. He was tried by the learned Special Judge. Tikamgarh for offences under Section 165A Indian Penal Code and Section 214 Indian Penal Code. In regard to the offence under Section 214 Indian Penal Code with which alone we are concerned in view of the acquittal of the accused under Section 165A, the charge against the accused was that he gave gratification of Rs. 500/ to Dalip Yadav in consideration of the said Dalip Yadav "screening him from legal punishment for the offence of criminal breach of trust and not proceeding against him for the purpose of bringing him to legal punishment."
(3.) In support of the prosecution case, the principal witness examined was P.W. 5. P.Ws. 1, 4 and 6 were examined to prove the negotiations that took place in the house of Ram Krishan Mishra in the morning and the passing of the money later in the day. P. W. 7. was examined to prove Exhibits P. 17 and P. 18, the two letters said to have been written by the accused conveying his instructions to P. W. 7 regarding the manner in which the false muster rolls were to be prepared.;