Gyanendra Kumar, J. - (1.) THIS is an appeal by the State against the judgment and order of the learned Special Judge, Kanpur, dated 29 -1 -1966, acquitting the accused, Bhagwati Prasad, of the charge Under Section 165 -A, IPC.
(2.) THE facts of the case are that in April 1965 PW 1 Om Prakash Misra Sub Inspector was posted at the Police Outpost, which falls within the jurisdiction of Police Station Colonelganj, Kanpur. Bhagwati Prasad accused is a shop -keeper carrying on the business of selling soap, etc. and lives in Parmat. His wife's brother (sala) Kailash Chandra had lodged a report on 5 -4 -1965 at the Police Outpost Parmat against one Shyam Lal Chamar, alleging that the latter had robbed him of cash and had inflicted knife blows on him in that process. Thus the report (Ex. Kha 8) was about the alleged commission of an offence Under Section 394, IPC. The investigation of this case was being conducted by SI Om Prakash Misra (PW 1). The Sub -Inspector, on investigation, came to the conclusion that it was only a case Under Section 324, IPC. It is said that the accused, being a relation of the aforesaid Kailash Chandra, naturally wanted Shyam Lal to be prosecuted for the more serious offence Under Section 394, IPC. The prosecution case is that Bhagwati Prasad accused had already approached the Sub -Inspector two or three times in order to prevail upon him to submit a charge sheet Under Section 394 rather than 324, IPC. However, SI Misra is said to have expressed his inability in the matter and plainly told the accused on previous occasions that it was not possible for him to challan Shyam Lal under the graver offence of 394, IPC, when he found that only a case Under Section 324, IPC had been made out. Nevertheless the accused is said to have persisted in his attempt and wanted to offer illegal gratification to the SI in order to make him change the section of the charge into 394, IPC. The result was that SI Misra brought it to the notice of the Station Officer, Colonelganj, who advised him to make a report to the Circle Officer. Accordingly, on 3 -5 -1965, SI Misra made the report (Ex. Ka 1) to the Station Officer, who forwarded it to the Circle Officer (City), with his note (Ex. Ka 2). On the same date, the Circle Officer sent it on to the S.P. (City) with his endorsement (Ex. Ka 3) saying that the DM may be requested to depute a Magistrate "to assist the Police in the trap." Obviously, the Police was laying a trap against the accused and wanted the assistance of a Magistrate therein. The S.P. (City) endorsed it to the DM Kanpur vide Ex. Ka 4. The latter deputed PW 2, Shri Mool Chand Singh, Judicial Officer, Billhaur for the purpose. The order of the DM is Ex. Ka 5 on the record. It is admitted by the prosecution that on the evening of 3 -5 -1965 the Magistrate sent for SI Misra at his residence and told him that he may be called to do the needful when the occasion arose.
(3.) THE prosecution case further is that on 6 -5 -1965 at about 9 a.m., Bhagwati Prasad accused came to Police Outpost Parmat with the envelope (Ex. 1). He sat down on a chair by the side of SI Misra and reopened the subject relating to the FIR lodged against Shyam Lal and expressed his desire to offer a gratification to the SI in order to aggravate the offence. The latter is said to have asked the accused to wait far some time so that he may dispose of one Nawab Ali who had come to the Outpost with a complaint. On some pretext, SI Misra went out of the room and sent his Head Constable Mushtaq Husain Naqvi to the Magistrate along with the slip (Ex. Ka 6) requesting him to come to the Outpost at once as Bhagwati Prasad had arrived to offer bribe.;