D.K.SINHA, J. - (1.) THIS Criminal appeal is directed against the judgment of conviction under section 7 as also under section 13(1)(d)(ii) of the Prevention of Corruption Act, 1988 passed by the Special Judge, Vigilance, Ranchi in Special Case No. 39 of 1989 on 25.4.2000 whereby and whereunder the sole appellant, Ramnath Prasad Singh has been sentenced to undergo rigorous imprisonment for one year and fine of Rs. 500/ - with default stipulation on each count. Both the sentences were directed to run concurrently.
(2.) THE prosecution story as it stands narrated in the written report of the informant, Puran Oraon (P.W. 1) presented before the Additional Superintendent of Police, Cabinet Vigilance Department. Ranchi on 10.8.1989 was that by the order of District Superintendent of Education, Ranchi vide No. 359 dated 30.1.1989 his salary as I.A. trained (selection grade) was approved w.e.f. 1.4.1981 and pursuant to that the informant requested the Headmaster of the school, Ramnath Prasad Singh (appellant) several occasions for payment of arrears through Treasury bill which was subterfused by him, However, he got his arrear bill prepared and made it over to the Headmaster on 10.4.1989. It was alleged that the headmaster(Appellant) agreed to get the bills processed only on the commission of 5% as the treasury expenses and he forcibly took Rs. 700/ -from him in presence of the teachers of the school on 30.6.1989. Yet on 3.7.1989 after getting the arrears bill of the informant passed through Treasury to a sum of Rs. 13,797.80 paise, he deposited the said amount in his own account No. 372 of Pandra Branch of the State Bank of India. On persistent request the appellant -headmaster agreed to issue a cheque to the informant of his such amount only on payment of the balance treasury expenses amount of Rs. 300/ - to him. On the promise of the informant, the headmaster (appellant) of the Government middle school Kulii (Bero) issued a cheque on 13.7.1989 but without mentioning his account number as a result of which the cheque could not be honoured. On pointing out, the appellant transferred the said amount in the account of the informant on 21.7.1989, yet the appellant continued demanding Rs. 300/ - from the informant in the manner, a money lender does. The informant requested the Addl. Superintendent of Police, Cabinet Vigilance Department, Ranchi to protect him from exploitation of the headmaster(appellant).The signature of the informant on the written report has been proved (Ext. 1).The Addl. Superintendent of police by his endorsement on the written report asked the Inspector of Police Garbet Hembram to verify the complaint made by the informant and to report. Pursuant to that, P.W. 9 Garbet Hembram verified the allegation and reported the matter to be true (Ext. 9) before the Additional Superintendent of Police. On receipt of the verification report, Patna Vigilance P.S. case No. 41 of 1989 was registered on 2.9.1989 for the offence under section 7 and 13(ii) of the Prevention of Corruption Act read with section 13(i)(d) of the said Act against the appellant, Ramnath Prasad Singh.
(3.) ON demand the informant produced six G.C Notes of Rs. 50/ - each total to the tune of Rs. 300/ - before the Addl. S.P. to which a memorandum was prepared after treating the notes with Phenolpthaline powder and it was returned to him with specific direction to the informant to deliver it to the appellant only on demand by him as bribe. The informant then put his signature on the memorandum of G.C. Notes (Ext. 3). The Addl. Superintendent of Police, Cabinet, Vigilance Department then constituted a raiding party on 5.9.1989 with appropriate briefing to its members. P.W. 13 Bhola Sharma, Inspector, Vigilance Department was made the shadow of the informant to accompany him and nab the culprit with the bribe money on there being received by him. The informant was briefed to give signal by raising his right hand on his head after the transaction was over. The trap was led on 5.9.1989 at 9.30 a.m. and all the members of the raiding party proceeded to village Kulli on the departmental vehicles where they reached at 11.30 a.m. It was learnt that the headmaster (appellant) was in his house as it was closing day in the school due to village market day and thereafter, the informant proceeded with the members of raiding party to his house. The informant entered inside the house of the appellant followed by the shadow witness Bhola Sharma and after 20 minutes the informant signaled whereupon the shadow member Bhola Sharma and the other members of the raiding party entered into house of the appellant, disclosed their identity and further expressed that they had to make search of his house. Meanwhile, villagers also assembled there and from amongst them, Mahadeo Bhagat (P.W. 3) and Mangra Oraon (P.W. 4) were requested by the members of the raiding party to be witnesses and after giving personal search by Sri Kindo in presence of RW. 18 Ratan Kumar, Executive Magistrate, the body of the headmaster was searched and it was alleged that six G.C. Notes of the informant total Rs. 300/ - were recovered from the ground where the appellant was sitting and the numbers of notes were compared with the memorandum of notes and upon finding both being tallied, the notes were seized and a seizure list was prepared in presence of the aforesaid witnesses and the appellant was taken into custody. After performing certain formalities by washing his both hands which came in contact with Phenolphthaline powder contained in G.C. Notes, when mixed with the solution of sodium carbonate, the acqua solution turned pink which were collected in bottles and sealed. ;