B.P.Singh - (1.) RAM Ratan Nag has appealed against his conviction under section 5 (2) of the Prevention of Corruption Act and section 161 IPC which was recorded by the Ist Additional Sessions Judge (Special Judge) Gorakhpur in Special Case No. 1 of 1982 State v. RAM Ratan Nag.
(2.) IN brief the case of the prosecution was as follows :- On 26-7-1980 Raj Basant Misra, who is a resident of village Inayat Chak situate within the Police Station Belghat district Gorakhpur, was proceeding towards his fields in village Bham Ghat. In the way, he was met by Constables Ram Surat Ram and Surya Nath and was informed that he was wanted by Station Officer, Police Station, Belghat. Ram Kawal Yadav was with him at that time. Raj Basant Misra had sent Ram Kawal Yadav to his village to call his Pattidars. Raj Basant Misra, PW-1 proceeded with the aforesaid to constables towards P. S. Belghat. In the way they stopped for tea at the tea-stall. They were joined by Ram Anuj Misra, Rajman Misra, Rakesh Misra, Muktinath Misra, Rajendra Misra & others. All these persons then went to P. S. Belghat where Station Officer Ram Ratan Nag enquired from Raj Basant Misra PW-1 regarding the dacoitv which had taken place in village Gai Ghat. When Raj Basant Misra expressed his ignorance about the fact, he was threatened by Ram Ratan Nag. Thereafter, Raj Basant Misra was handed over to the constables by Station Officer Ram Ratan Nag for further interrogation. At that very time Jagannath Misra and Ram Kawal Yadav came there. Jagannath Misra was the tout of the Police and upon his intervention Ram Ratan Nag promised to free Raj Basant Misra if a sum of Rs. 2500/- was paid to him by way of bribe. Jagannath Misra had given put that if Raj Basant Misra was not willing to oblige Ram Ratan Nag, he was sore to be implicated in some case of dacoity or murder whereupon Raj Basant Misra asked his Pattidar to arrange for money. The Pattidar of Rai Basant Misra could collect Rs. 1700/- and this sum was paid to Ram Ratan Nag Raj Basant Misra was released on the promise that he would pay the balance of Rs. 800/- very shortly. On returning to his house, Raj Basant Misra arranged Rs. 800/- and on the next day i.e. 29th July, 1980 he went to S. P. (Vigilance) Gorakhpur and handed over the complaint Ext. Ka-1 about the aforesaid conduct of Ram Ratan Nag. The Superintendent of Police (Vigilance) Gorakhpur deputed Ram Deo Gaur Dy. S P. (Vigilance) to lay the trap for the arrest of Rain Ratan Nag in the act of taking bribe
(3.) RAM Deo Gaur. Dy. S. P. (Vigilance) recorded the statement of Raj Basant Misra and asked him to come Sopaighat on 30-7-1980 at about 3.50 a.m. On 30-7-1980 Raj Basant Misra reached Sopaighat at 8.30 a.m. At about 10.10 a.m. RAM Deo Gaur also reached P. S. Belghat. Preparations for laving the trap were made by RAM Deo Gaur. Raj Basant Misra PW-1 had given eight notes of Rs. 100/-each to RAM Deo Gaur, PW-6. These notes were treated with phenolphthalein powder and were handed over back to Raj Basant Misra, PW-1 with the direction that these very notes were to be handed over to RAM Ratan Nag Hand wash of Raj Basant Misra was taken and was sealed. A memo Ext. Ka-2 was also prepared by RAM Deo Gaur PW-6. The numbers of the notes were mentioned in this memo. After giving necessary direction, RAM Deo Gaur accompanied bv Raj Basant Misra proceeded towards P. S. Bel ghat. RAM Anuj and Palakdhari had accompained RAM Deo Gaur. The witnesses had taken the prearranged position. Raj Basant Misra PW-1 went to the quarter of RAM Ratan Nag. The S. O. enquired whether Raj Basant Misra had brought the balance of the bribe. Raj Basant Misra replied in the affirmative and had paid the above mentioned eight notes of 100 rupees each in the hope that he would not be implicated in any criminal case. RAM Ratan Nag had taken the notes in his hand and bad placed the same upon the Dasa of his door. At that very moment RAM Deo Gaur PVV-6 accompanied by witnesses reached there and caught hold of RAM Ratan Nag. The notes were taken by RAM Deo Gaur from the Dasa and the hand-wash of RAM Ratan Nag was taken and when this water was mixed with sodium carbonate the water became pink. A recovery memo Ext. Ka-3 was duly prepared and the recovered notes and the hand wash were sealed. The case was investigated by Dy. S. P. Bhanu Pd. Tiwari, PW-7. After routine investigation and af*er obtaining the sanction of the authority concerned, the charge-sheet Ext. Ka-17 was submitted in the case against Ram Ratan Nag.;