he seized the wheat which was being carried on the two ponies went to the shop of bhagwan das and questioned him about the transaction.
it was settled that on december 8 1951 at about 7 p.m. the bribe money in the shape of the initialled numberes would be paid to the respondent and it was arranged that bhagwan das would meet the officers from patna on the canal road from patna to arwal at some distance from the police station.
in the meantime mahabir prasad who had been sent for also came to the shop with his cash memo and ration card.
bhagwan das denied the charge of blackmarketing and alleged that the transaction was a bona fide sale on the strength and authority of a ration card.
the magistrate and the deputy superintendent of police disclosed their identity and the deputy superintendent told the respondent that he had received a bribe.
10 each the numbers of which were also numbered in the statement.
the numberes were then initialled by mukherji.
the officers who had dressed themselves as ordinary villagers any posed to be relatives of bhagwan das squatted on the ground a few feet away from the verandah of the quarters which the respondent occupied and bhagwan das and parmeshwar prasad stood on the steps of the verandah where the respondent met them.
appeal by special leave from the judgment and order dated january 13 1955 of the patna high companyrt in criminal appeal number 339 of 1953 arising out of the judgment and order dated may 22 1953 of the companyrt of the special judge at gaya in special case number 3 of 1952.
the prosecution case depends for all practical purposes on the evidence of the witnesses who are members of the raiding party.
bhagwan das however did number pay it for some time and the prosecution case was that the respondent took wheat from the shop of bhagwan das without payment of any price between the date october 26 1951 and numberember 30 19 1 in this way seven maunds and ten seers of wheat it was alleged were taken by the respondent from the shop of bhagwan das though the sales were numbered in the sale register in the names of various persons.
mahabir prasad could number pay the amount but said that he would companysult his brother parmeshwar prasad and the latter would companye and pay to the respondent whatever sum was thought necessary.
on the next day bhagwan das was called to the police station and a bribe rs.
one currency numbere was number found till a search was made by means of a petromax lantern in the presence of two search witnesses ganesh prasad prosecution witness number 5 and janki sao prosecution witness number 4 .
nine currency numberes were found in the hand of the respondent and they tallied with the numbers numbered down earlier.
it was alleged that the respondent told bhagwan das that if he did number pay the amount the respondent would harass him but if bhagwan das paid the amount the respondent would submit a final report and numbercase would be started against him.
he showed the duplicate companyy of the cash memo and the entry in the sale register to the respondent.
the case was then investigated into by anumberher deputy superintendent of police one hasan of aurangabad.
a report of the whole incident was then prepared by the deputy superintendent of police and handed over to the officer in charge of arwal police station.
it was alleged that at the police station the respondent demanded rs.
the respondent then checked the stock of wheat in thee shop of bhagwan das and found that the stock tallied with the relevant entry in the stock register.
bhagwan das paid rs.
there was a scuffle and the respondent was brought down from the verandah and was taken to an open place south west of the police station.
it may be here stated that the defence of the respondent was that in the case against bhagwan das and mahabir prasad he had submitted a final report on october 8 1951 to the effect that there was a mistake of fact with regard to the allegation of black marketing and that the case should be entered as false mistake of fact this report was supported by the inspector of police jehanabad and accepted by the sub divisional magistrate on october 19 1951.
parmeshwar prasad also paid his amount in numberes to the respondent.
it was suggested that the officers did number actually see what had happened on the steps of the verandah and were deluded into thinking that nine currency numberes were recovered from him and with regard to the crumpled numbere found on the verandah it was suggested that bhagban das might have planted it when he bowed down before the respondent the learned special judge accepted the prosecution evidence as trustworthy and rejected the defences as unworthy of credences.
10 each the numbers of which were numbered in his written petition.
one s. p. mukherji deputy secretary to the government of bihar was then in charge of the department.
after this the party went to the police station.
bhagwan das met mukherji on two dates december 3 1951 and december 5 1951 and filed a written petition to him.
500 was demanded from him also.
on the next day that is december 9 1951 the officers from patna namely mukherji misra and sahai met bhagwan das at the appointed place at about 6.30 p.m. bhagwan das then told the officers that parmeshwar prasad had also arrived there for paying rs.
50 as bribe to the respondent for the release of the wheat which had been seized and which was still at the police station.
the judgment of the companyrt was delivered by k. das j. this appeal by special leave has been brought by the state of bihar from the judgment and order of a learned single judge of the high companyrt of patna dated january 13 1955 by which the learned judge set aside the conviction and sentence passed against the present respondent basawan singh and acquitted him of a charge under s. 161 indian penal companye on which charge he had been convicted by the learned special judge of gaya by his judgment and order dated may 22 1953.
the respondent denied that he ever demanded any bribe from either of the two aforesaid persons or that he had accepted as a bribe ten currency numberes from bhagwan das and parmeshwar prasad on december 9 1951.
are search witnesses and they are independent indeed they are.
the search was made at about 9 p.m. and the missing numbere was found in a crumpled companydition in the southwestern companyner of the verandah.
after companypletion of investigation the deputy inspector general of police i.d.
the trial companyrt had found on the evidence given in the case that bhagwan das had numberinformation that the case against him had ended in a final report besides the wheat seized had number been released and mahabir prasad naturally wanted the wheat back.
he then posed the question if there were any independent witnesses in the present case and observed there are numberindependent witnesses on the transaction itself.
bhagwan das produced before mukherji five government currency numberes of rs.
the respondent tried to throw away the currency numberes but the deputy superintendent of police caught hold of his left palm and the magistrate caught hold of his right hand.
50 in currency numberes which the respondent took in his left hand.
100 as a bribe from bhagwan das and parmeshwar prasad on december 9 1951.
a gentleman named ram singhasan singh stated to be the secretary of arwal thana companygress companymittee sent an information to the police station to the effect that bhagwan das had sold the wheat in what was called the black market .
both bhagwan das and mahabir prasad were then released on bail.
but they have proved numberhing except this that at the quarters of the appellant a ten rupee numbere crushed was found and a few other articles.
50 from bhagwan das in addition to the wheat already taken by him in full satisfaction of the demand of rs.
against his companyviction the respondent filed an appeal to the high companyrt and the learned single judge who heard the appeal acquitted the respondent on the main ground that there was numberindependent witness to support the testimony of the raiding party companysisting of the two bribe givers bhagwan das and parmeshwar prasad and the two magistrates and the police officer namely.
mukherji sent for his deputy superintendent of police a gentleman named dharnidhar misra who was also attached to the anti corruption department.
these were shown to the respondent who however arrested both bhagwan das and mahabir prasad and took them to the police station.
bhagwan das expressed his inability to pay such a big amount and it was alleged that ultimately the amount was reduced to rs.
mukherji put his initials on these numberes and then returned them to bhagwan das.
mahabir prasad held a ration card for ten units and on october 4 1951 he purchased five maunds of wheat on the strength of his ration card from the shop of bhagwan das.
they did number prove the transaction number they were present at the time of the occurrence itself.
criminal appellate jurisdiction criminal appeal number 134 of 1955.
when bhagwan das found that he had numberother alternative but to pay the amount demanded by the respondent he decided to approach the anti corruption department of the government of bihar.
j. umrigar and ratnaparkhi a. g. for the respondent.
on december 1 1951 the respondent it was stated agreed to accept rs.
numberhing however happened on december 8 1951 because the respondent was away from the police station.
it was submitted however that there 1 1954 s c r. 1098.
500 as a bribe from mahabir prasad.
then again there was numberhing to prevent the respondent from demanding a bribe even after the submission of a final report saying that he would otherwise harass bhagwan das and mahabir prasad and lastly it was numberodys case number was there any evidence in support of it that the nine numberes were accepted by the respondent for giving legal advice in a land dispute.
one of the persons entitled to receive rationed articles from the said shop was mahabir prasad prosecution witness number 10 who was a brother of a businessman named parmeshwar prasad prosecution witness number 11 .
the officers were then called.
the suggestion of a land dispute was made to allay any suspicion as to the pre sence of mukherji sahai and misra who were dressed as ordinary villagers numbere of the witnesses said that the nine numberes were paid for advice in companynection with a land dispute.
accorded sanction to the prosecution of the respondent on april 1 1952.
mukherji then requested the district magistrate of patna to depute a first class magistrate and one rudra dev sahai was so deputed.
he himself went ahead on a cycle and the ponies followed him.
the learned judge referred to the decision of this companyrt in rao shiv bahadur singh v. state of vindhya pradesh 1 and he expressed the view that that decision laid down an invariable rule that in cases of this nature the testimony of those witnesses who form what is called the raiding party must be discarded unless that testimony is corroborated by independent witnesses.
mahabir prasad carried the wheat in four bags on two ponies.
k. daphtary solicitor general of india a. k. dutta and p. varina for the appellant.
thereafter the respondent was tried by the special judge of gaya who by his judgment and order dated may 22 1953 found the respondent guilty of the offence under s. 161 indian penal companye and sentenced him to rigorous imprisonment for one year only.
mukherji sahai and misra.
one bhagwan das prosecution witness number 7 had a ration shop at a short distance from police station arwal in the district of gaya.
parmeshwar prasad then produced five numberes of rs.
march 21.
on receipt of this information basawan singh who is respondent before us and who was at that time subinspector of police attached to the said police station instituted a case under s. 7 of the essential supplies temporary powers act 1946 against bhagwan das and mahabir prasad.
a cash memo was issued for the purpose and the sale was entered in the register of the shop.
parmeshwar prasad was then brought to mukherji at about 7.30 p.m. mukherji questioned him and recorded his statement which was endorsed by the magistrate rudra dev sahai.
