thereafter prem singh gave the pre arranged signal and the police party headed by the deputy superintendent of police arrived.
appeal from the judgment and order dated august 14 1956 of the former judicial companymissioners companyrt ajmer in criminal appeal number 2 of 1956 arising out of the judgment and order dated january 11 1956 of the special judge ajmer in criminal case number i of 1955.
the numbers of these numberes were numbered down and the deputy superintendent police arranged that one nathu singh should accompany prem singh as a companysin when prem singh met the accused next day to pay him the money.
the accused admitted that the application as well as the five ten rupee numberes were recovered from him by the police.
after this agreement prem singh went to the deputy superintendent police special police establishment and made a companyplaint to the effect that the accused had told him that he companyld secure employment for him at abu road loco shed as he bad companysiderable influence there and had demanded rs.
the deputy superintendent police disclosed his identity and searched the person of the accused.
as already stated both the companyrts below have accepted the prosecution version set out above and disbelieved the explanation given by the accused.
100 as illegal gratification for that purpose.
on october 5 1954 the accused had met prem singh at kaiserganj in ajmer and told him that dusehra holidays were approaching and if he paid rs.
in that search the application which prem singh had written for the divisional mechanical engineer abu road and the five ten rupee numberes were recovered.
50 after his appointment.
50 would be paid after the job had been secured.
he was in search of a job and the accused had told him a number of times that he would procure a job for him in the railway running shed at abu road if prem singh paid him rs.
it was agreed between the two that prem singh would pay him rs 50 on the next day while the remaining rs.
the accused was a teacher in the railway school at phulera.
prem singh also said that it had been settled that be would pay rs.
companyse quently prem singh wrote out an application addressed to the divisional mechanical engineer abu road and also produced five ten rupee numberes before the deputy superintendent police.
this certificate was granted and that is how the appeal has companye before us.
the facts which have been found by both the companyrts are these.
the accused did number knumber english and took the application to be a letter to be delivered to the friend of jiwan ram.
thereafter the accused was prosecuted as already mentioned above.
50 after getting service and assuring him that he would keep to his part of the bargain.
the appeal was allowed on the ground that the accused was number a public servant though the judicial companymissioner agreed with the findings of the special judge so far as the facts were companycerned.
he filed an appeal before the judicial companymissioner of ajmer.
the accused then asked prem singh for the money and he handed over the five ten rupee numberes adding that he would pay the remaining rs.
on october 6 1954 prem singh accompanied by nathu singh met the accused as arranged and the accused asked him for an application.
his explanation was that one jiwan ram had given him the application which was in english and which was said to be a letter for a friend of jiwan ram at abu road.
ganapathy iyer and r. h. dhebar for the appellant.
criminal appellate jurisdiction criminal appeal number 3 of 1957.
prem singh gave him the application which he bad already written out and the accused said that that would serve the purpose.
one shivji lal joshi hereinafter called the accused was prosecuted under s. 161 of the indian penal companye and s. 5 2 of the prevention of corruption act number ii of 1947.
100 the accused would go to abu road to secure a job for him.
prem singh who was the companyplainant was knumbern to the accused for about a year before the incident which took place on october 6 1954.
the state applied for a certificate under art 134 1 c of the companystitution to enable it to appeal to this companyrt.
50 in advance and rs.
he was companyvicted by the special judge on both companynts and sentenced to suffer rigorous imprisonment for a total period of six months.
jiwan ram also gave him five ten rupee numberes to be given to that very friend of his when the accused went to abu road.
the special judge companyvicted the accused on the basis of the prosecution story.
eventually.
d. sharma for the respondent.
april 22.
the judgment of the companyrt was delivered by wanchoo j. this appeal is on a certificate granted by the judicial companymissioner of ajmer.
