B.P.Singh - (1.) THIS is an appeal against the judgment and order dated 23-11-1982 passed by Sri Vishnu Chandra, (II Addl. Sessions Judge) Special Judge, Saharanpur in Criminal Special Case No. 2 of 1982 (State v. Mahendra Singh and another) under sections 120-B, 161 IPC and section 5 (2; of the Prevention of Corruption Act, 1947.
(2.) THE case of the prosecution may briefly be stated as follows :- Some villagers had made a complaint to the Tehsildar, Devband that Jodh Raj Singh's father and some others had encroached upon the land of the Gram Samaj. This complaint was sent by the Tehsildar to the Supervisor Kanoongo, Sri Khem Chand Sharma, who, in his turn, gave it to the Lekhpal, Mahendra Singh, for enquiry and report. On 22-8-1978 the village Pradhan, Kalu Ram and Jodh Raj Singh approached Supervisor Kanoongo in connection with the complaint regarding unlawful possession of Jodh Raj Singh's father upon the land of the Gram Samaj. Khem Chand Sharma directed Jodh Raj Singh and Kalu Ram to Lekhpal Mahendra Singh with a promise that he would accept whatever report or recommendation would be made by Mahendra Singh, Lekhpal. Kalu Ram and Jodh Raj Singh' then went to Mahendra Singh and talked about the matter. Mahendra Singh demanded a bribe of Rs. 100/- to give a favourable report. Mahendra Singh agreed to accompany Jodh Raj Singh and Kalu Ram to Saharanpur where he would accept the money. Mahendra Singh also given out that he would wait in Civil Courts, Saharanpur upto 1PM. On the same day Jodh Raj Singh came to Saharanpur and because he had no intention to pay the bribe, went to the District Magistrate, Saharanpur with a complaint. The District Magistrate, Saharanpur was not available and as such the complaint was presented before A.D.M. (E), Saharanpur. ADM. (E) directed the Vigilence Inspection Sri Mahek Singh to lay the trap. As the time limit of 1 P.M. was already over, the Vigilence Inspector, Mahek Singh, directed Jodh Raj Singh to meet him at Devband next day at 10 A.M. along with the witnesses
(3.) ON 23-8-1978, the Vigilence: Inspector, Mahek Singh, reached Police Station Devband where he was met by complainant, Jodh Raj Singh. After picking up witnesses Rampal and Chamel, the necessary preparation regarding laying of the trap was made. The hundred rupee note, which was to be given in bribe, was examined and was treated with Phenopthaline powder by the Vigilence Inspector, Mahek Singh after placing his initials upon the same. A memo was also prepared. The number of the note was AK/72 328555 (Ext. 1). Thereafter the Vigilence Inspector, Mahek Singh, accompanied by S. I. A. K- Kaushik, complainant Jodh Raj Singh and the witnesses, went to the room of Mahendra Singh. The complainant and witnesses went inside and the hundred rupee note was handed over by Jodh Raj Singh to Mahendra Singh. Being satisfied that the bribe had passed, the Vigilence Inspector, Mahek Singh went inside the room and after introducing himself recovered the note (Ext. 1 from Mahendra Singh. The routine proceedings were carried out regarding the hand wash of the accused, Mahendra Singh, and the preparation of recovery memo. The note was sealed and thereafter Mahendra Singh was brought to the police Station Devband;