S.K.Verma, J. - (1.) These are two connected matters. Criminal Appeal No. 1901 of 1957 has been filed by Om Dutt Sharma against his conviction under Section 161 of the Indian Penal Code and Section 5(d) of the Prevention of Corruption Act (Act II of 1947). The appellant has been sentenced by the learned Special Judge of Rampur under Section 161 of the Indian Penal Code to pay a fine of Rs. 150/- and in default of payment of fine to rigorous imprisonment for six months, and under Section 5(d) of the Prevention of Corruption Act to pay a fine of Rs. 100/- and in default of payment of fine to rigorous imprisonment for three months. On a perusal of the Sessions statement, our brother, S. N. Sahai, J., issued notice to Om Dutt Sharma to show cause why the sentences imposed upon him should not be enhanced. This has given rise to the connected Criminal Revision No. 1295 of 1958. It will be convenient to dispose of both the criminal appeal and the criminal revision by one judgment.
(2.) The facts, about which there is no controversy, are as follows: Satish Chandra complainant is the proprietor of a chemists and drugists shop in Rampur, known as Satish Medical Hall, He had obtained two licences (Exs. P-2 and P-3) granted to him by the Municipal Board on 3-5-1954. One of the licences was for biological and the other for non-biological drugs. These licences were due to expire on 3-5-1956. Om Dutt Sharma, the appellant in Criminal Appeal No. 1901 of 1957, (hereinafter referred to as the appellant), was employed as the drugs clerk in the office of the Medical Officer of Health, Municipal Board, Rampur, in 1956. The appellant and the complainant, Satish Chandra, were allegedly friends. On 20-4-1956 Satish Chandra applied for renewal of his licences and along with his applications he also submitted the requisite treasury challans in respect of the fees payable for the licence. On 3-5-1956 the appellant made the following report on the applications of Satish Chandra: "Not recommended as not being a qualified man." Satish Chandra's application for the renewal of the licences was rejected by the licensing officer on the same date, that is, 3-5-1956. On 11-5-1956 at about 6 p. m. the appellant visited the shop of Satish Chandra and he was paid a sum of Rs. 20/- in currency notes by Satish Chandra. According to the prosecution, the sum of Rs. 20/- was paid to the appellant as illegal gratification for the purpose of securing the renewal of the licences in favour of Satish Chandra. The prosecution case, in detail, was as follows: The appellant demanded a sum of Rs. 5/- for the renewal of the licences and he also demanded an additional sum of Rs. 15/- for the issue of "unrestricted" licences to Satish Chandra, After negotiations Satish Chandra, finally, agreed to pay a sum of Rs. 20/- for the renewal of and issue of unrestricted licences. Satish Chandra went to the office of the Deputy Superintendent of Police (complaints), Sri Anurudh Singh (P. W. 5), and gave him a description of what had happened. Anurudh Singh recorded the statement of Satish Chandra and also initialled six currency notes Exs. I to VI one of Rs. 10/-, one of Rs. 5/-, one of Rs. 2/- and three of one rupee each), provided by Satish Chandra. Satish Chandra was instructed to inform Anurudh Singh about the time and the date when the money would be paid to the appellant so that a trap could be laid. On 11-5-1956 at about 12 noon Satish Chandra informed Anurudh Singh that the appellant would visit his (Satish Chandra's) shop the same evening at about 5-30 p. m. Anurudh Singh accompanied by his stenographer, Suresh Prakash (P. W. 4), went to Satish Chandra's shop. The stenographer was instructed to pose as a customer while Anurudh Singh concealed his presence behind an almirah from where he could hear and see the transaction through a crevice in the almirah. At 6-15 p. m. the appellant visited Satish Chandra's shop. Satish Chandra asked the appellant to give him an assurance that he would get licences for unrestricted drugs. The appellant promised to speak to some persons and also to make a favourable report Satish Chandra thereupon gave him the currency notes of the value of Rs. 20/- (Exs. I to VI). Just as the appellant was about to leave the shop, Anurudh Singh emerged from his hiding place and arrested the appellant with the money. Two persons, namely, Dr. Rajkumar (P. W. 3) and Jagdish Chandra (P. W. 6), were called from a neighbouring shop and recovery memo, Ex. P-10 was prepared by Anurudh Singh. These notes (Exs. I to VI) bore the initials of Anurudh Singh.
(3.) Anurudh Singh lodged a first information report at Police Station Kotwali, Rampur, on 11-5-1956 at 7-20 p. m. The sanction for the prosecution of the appellant (Ex. P1) was obtained from the Director of Medical and Health Services, Uttar Pradesh, and thereafter the appellant was prosecuted, tried, convicted and sentenced as mentioned above.;