R.R.PRASAD, J. - (1.) THE sole appellant was put on trial to face charges under Sec. 161 of the Indian Penal Code as well as under Sec. 5(2) read with Sec. 5(1)(d) of the Prevention of Corruption Act on the allegation that the appellant being a public servant demanded and accepted illegal gratification of Rs. 100.00 as reward for doing official act. The trial court having found the appellant guilty for the said charges sentenced him to undergo rigorous imprisonment for one year each for the offence under Sec. 161 of the Indian Penal Code as well as under Sec. 5(2) read with Sec. 5(1)(d) of the Prevention of Corruption Act. He was further sentenced to pay a fine of Rs. 500.00 under Sec. 161 of the Indian Penal Code and in default to undergo for further rigorous imprisonment for three months. Both the sentences were ordered to be run concurrently.
(2.) THE complainant Batul Singh (P.W.8) while was working as a Miner Loader during the year 1986 - 87 in the South Govindpur Colliery, Area III, BCCL, Dhanbad suffered Tuberculosis and hence he was referred to TB Ward on 13.10.1986. Subsequently, he was admitted to Central Hospital, TB Ward, Dhanbad on 16.10.1986 under registration ticket (Bed Head Ticket) (Ext.1) and was under the treatment of Dr. Kamla Kant Ojha (P.W.1). Subsequently, Dr. S.K. Mandal, Head of the Department of the TB Ward advised P.W.1 to refer the case of the complainant Batul Singh to Ram Krishna Mission Sanatorium, Ranchi and accordingly, endorsement to that effect was made on 26.11.1986, vide. Ext.1, but he was not sent to the Sanatorium as necessary document was not forwarded by the appellant Gour Chandra Mandal, who was working as Ward Boy in the TB Ward of Central Hospital, Dhanbad, though he was repeatedly requested by the complainant Batul Singh to do so but said Gour Chandra Mandal always asked for Rs. 100.00 for doing needful. Admittedly, the complainant told him that he will make complaint to Dr. Mandal to which appellant replied that he is least bothered for that. Thereafter the complainant again made request but the appellant did not budge and instead of doing needful the appellant asked the complainant to go home and bring money and then by conveying to the appellant that he is going home for taking money, the appellant came to the office of the Superintendent of Police, CBI, Dhanbad and submitted a written complaint (Ext.9) on 7.1.1987, which was referred to Sub -Inspector of Police, CBI, Dhanbad S. Sharma (not examined) for its verification, who on its verification found the allegation, prima facie, true and consequently submitted verification report (Ext. 16) to the Superintendent of Police, CBI, Dhanbad. Thereupon first information report (Ext.11) was drawn and a case was registered. Thereafter the matter was endorsed to one Lakhi Prasad, Sub - Inspector of Police, CBI, Dhanbad for investigation, who constituted a team consisting of himself, L. M. Mishra Inspector, CBI, Dhanbad (not examined), S. Sharma, Sub -Inspector, CBI, Dhanbad (not examined), U.K. Rai, FC, CBI, Dhanbad (not examined), J. Rajak, FC, CBI, Dhanbad (not examined) and also two independent witnesses, namely, R.K. Dubey (P.W.2) and S. Prasad (P.W. ). After doing formalities of pre -trial exercise, preliminary memorandum (Ext. 12) was drawn. In the said exercise two currency notes of the denomination of Rs. 50.00 each produced by the complainant were treated with phenolphthalein powder and were given back to the complainant after its numbers were noted in the memorandum with the instruction to him as well as to the witnesses to hand over the same to the appellant only when he makes demand and advised him to give signal on acceptance of the money by wiping his spectacle with Mufflar. On 8.1.1987 at about 11.20 A.M. members of the raiding party as well as aforesaid two independent witnesses and also the complainant came to the TB Ward, Central Hospital, Dhanbad and took position as per the instruction and the complainant (P.W.8) and the shadow witness S. Prasad (P.W.3) entered into the room where the accused was present and as soon as the appellant noticed the presence of the complainant over there, he asked whether he has brought money and when he replied in positive the appellant asked for money and said that now his work would be done and then two currency notes treated with phenolphthalein powder were handed over to the accused which he accepted with the right hand and then kept it in the left pocket of his shirt, on signal being given other members of the trap team including Lakhi Prasad (P.W.10) reached there and caught hold of both the hands of the accused, upon which he became nervous and then tainted money was recovered from the pocket, number of which was same as has been mentioned in the preliminary memorandum and thereafter phenolphthalein test was undertaken whereby both the hands of the appellant were dipped in a solution kept in two containers which turned to pink and that apart, inner lining of the pocket of the shirt was also subjected the same test which also gave positive result. Thereafter both the hand wash of the appellant as well as wash of inner lining of the pocket were kept in three different containers and were sealed. The tainted money recovered from the possession of the appellant was also sealed and all the members of the raiding party signed over it. After the formalities of the trap were over, memorandum of recovery (Ext. 13) was prepared and arrest of the appellant was effected. In course of investigation, those three samples were sent to Director, Central Forensic Science laboratory, Calcutta under forwarding letter. On being examined the samples of hands wash and wash of inner lining of the shirt were found containing Sodium Carbonate solution and Sodium Phenolphthalein. Accordingly, Expert Report (Ext. 10) was submitted. 3 After completion of investigation and after sanction of the prosecution was accorded under Ext.8 by P.W. 6, charge sheet was submitted and accordingly, cognizance of the offence was taken up.
(3.) IN course of trial, the prosecution in order to establish the charges examined as many as ten witnesses. Apart from the complainant (P.W.8) as well as shadow witnesses, namely, R.K. Dubey (P.W.2) and S. Prasad (P.W.3), one Dr. Kamlakant Jha (P.W.1) was examined on the point that the complainant was treated at TB Ward at Central Hospital, Dhanbad. Investigating Officer Lakhi Prasad was examined as P.W. 10.;