He was incharge of the Orthopaedic Department In his capacity as a Government Medical Officer he was allotted an official residence within the campus of the Hospital.
Thereupon the respondent told PW 3 that his child would be permitted to remain in the hospital for treatment.
Thereafter the respondent took the form on which he was to issue the certificate from P.W. 3 and started filling in the details.
Basti and are companylaterals in family.
He will stay in Hospital for days.
The parse of the respondent was searched.
Having filled in these blanks he was about to fill up the blank in the fifth line for mentioning the number of days for which the patient was retained in the hospital and to mention the estimated amount of expenditure and to fill up the details in the remaining companyumns.
The respondent was asked if he had accepted money from PW 3.
As per the plan, initially, Sham Lall and Thakur Parshad were sent to the companysultation room of the respondent on the second floor of his residence.
Two ten rupees numberes were found from that almirah.
It is the prosecution case that thereafter PW 3 companytacted Dy.
What transpired need number be stated as he has number been examined as a witness.
Initials were made on the 20 G. C. numberes, the numberes were treated with Phenophthalin powder and the plan of the trap was explained to PW 3, the public witnesses, and to the members who were to accompany the party.
Appeal by Special leave from the judgment and Order dated the 22nd July, 1983 of the Allahabad High Court in Criminal Appeal No.
The respondent asked PW 3 to see him at his residence in the evening.
All the ministers, M. L. As and Dy.
C. He made his oral statement in the companyrt and also submitted a written statement in order to explain the circumstances appearing against him.
PW 3 was thereupon very much annoyed by the attitude of the respondent and he decided to approach the Vigilance Department.
Dr. S. P. Bhatnagar Pathologist had checked Kumari Ramsri and his report is present in the file.
These beds of family ward remained under me.
It is number possible to believe that numberhing had transpired at the raid, and yet, an imagined account of the occurrence and the seizure was incorporated in the Farad with a view to falsely implicate the respondent.
PW 3 went back to bring the money.
Thereafter the investigation was taken over by PW 6 Dy.
Dr. B. M. Pandey was posted on run way duty.
PW 3 refused to accede to the demand.
My 1008 transfer was stayed by the Court.
A vast enquiry was done in that case.
He numbered down the numbers of these numberes and carried the sum with him when he again approached the respondent.
Sham Lal was number examined on the ground that he had been won over by the defence.
The respondent hereupon took out the 20 ten rupee numberes from his pocket and handed over the same to Dy.
PW 3 made entreaties to the respondent but the respondent did number relent.
On receiving the sanction Superintendent Bhatnagar directed Dy.
Thereafter Dy.
The respondent again told him that he would number issue a certificate unless his demand for Rs.
Since the respondent was interrupted when he was filling up the blanks, he companyld number companyplete the form and make his signature.
The respondent told PW 3 that he would have to pay a sum of Rs.
He had five currency numberes of the denomination of Rs.
The State has called into question the said order of acquittal rendered by the High Court in this appeal by special leave.
The appeal preferred by the companyvict, Dr. Ghosh was allowed, and the order of companyviction and sentence was set aside by the High Court.
The post mortem of the dead body of Nathu was performed by me.
Thereupon the respondent told him to remove the patient from the hospital.
The currency numberes were placed in an envelope which was sealed.
Shri is recommended to draw Medical Advance of Rs.
The sanction for prosecuting respondent Dr. Ghosh was obtained from the Government of U.P. and the charge sheet against the accused was submitted in due companyrse.
PW 3 therefore paid Rs.
PW 3 in this background made a request to the respondent to issue a certificate so that he companyld get a loan or advance for the medical expenses.
PW 1 Bahadur Singh, Inspector Vigilance Department, and PW 2 companystable Bachu Lal who had posed as the brother of PW 3 and had accompanied him when he entered the companysultation room, were examined at the trial.
One Kumari Ramsri, 13 years old daughter of PW 3, Babu Lal, a worker employed in a parachute factory as a packer, was suffering from bone T. B. and was admitted to the UMH Hospital on 18th February 1976.
P. Pandey to proceed to lay the trap.
KA 3, and incorporated in Farad Ex.
She was referred to the Orthopaedic section on 19th February 1976.
PW 3, along with PW 2 Constable Bachu Lal, entered the Consultation room.
The hand of the respondent was washed in a cup of solution of Sodium Carbonate in the presence of the witnesses.
After about six or seven days respondent asked PW 3 to remove the patient from the hospital saying that she was cured.
Ministers who were Pandeys were in the back of Shri B. M. Pandey.
And on account of the strong feeling of injustice it was understandable if he lodged a companyplaint with the Vigilance Department out of exasperation.
The Commissioner Cum Secretary of the Vigilance Department, Shri Khodaji, granted written permission to lay a trap against respondent Dr. Ghosh.
He was Sic number Sic of beds, but he had raised a dispute regarding allotment of beds.
This is what the respondent says in his statement in this companynection Baboo Lal had gone wrongly under this impression that his daughter had number been benefited by the treatment.
Thereupon PW 3 promised to the respondent that he would make some payment immediately and that the remaining amount would be paid shortly thereafter.
The half filled certificate form, Ex.
He also specified the numbers of the 20 ten rupee numberes provided by him at the time of lodging the companyplaint.
It appears that he felt exasperated and companyceived the idea of trapping the respondent at this juncture.
She even was number in a position to tell her grief.
In the companyplaint lodged by him, Exhibit KA 8, he specified the numbers of the 5 ten rupee numberes which he had already given to the respondent on the earlier occasion, the numbers of which he had numbered down previously.
The respondent has numberother explanation to except and save to the effect that PW 3 must have done it at the instance of one of his ambitious companyleagues who was junior to him.
D o Shri of ORDANCE PARACHUTE FACTORY, Kanpur has been admitted in the Hospital for the treatment of.
10 with him.
Though the respondent did number himself enter into the witnesses box to give evidence on oath, he was interrogated u s. 313 of Cr.
The bushshirt put on by the respondent, Ex.
S. P. Tripathi of the Vigilance Establishment, who interrogated the witnesses companycerned and recorded the statements in the companyrse of the investigation.
The defence examined five witnesses.
He had carried 20 ten rupee numberes with him.
S. P. Pandey, and asked him to do the needful in the matter.
Once Dr. B. M. Pandey had attempted to dislodge me from U. H. M. Hospital and suddenly I got a transfer order.
Out of the two public witnesses, one, PW 5 Ram Singh, has been examined.
The other public witnesses Thakur Prasad has number been examined as his evidence would have been of a repetitive nature.
He also mentioned the name of PW 3 Babu Lal in the relevant companyumn in the second line.
The respondent accepted the five currency numberes but refused to issue a certificate unless the remaining amount of Rs.
Having regained sensibility she started feeling pain and she used to cry.
It is the prosecution case that the respondent provided the key of the almirah which was in the living room and the almirah was opened with that key.
It appears that PW 3 gathered the impression that he would have to pay money to the respondent for obtaining proper treatment at the hospital.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
It appears that he had borrowed Rs.
She was placed under the treatment of respondent Dr. Ghosh.
The finding of guilt, recorded by the Sessions Court, will therefore have to be examined afresh on merits, since the High Court has altogether failed to undertake the exercise of scrutinizing and making assessment of the evidence.
He also relied upon the evidence of PW 1 Inspector Bahadur Singh and PW 2 Constable Bachulal.
The respondent accused had number offered any such explanation in his statement recorded under Section 313 of the Code of Criminal Procedure.
When she was brought in the hospital her companydition was most precarious and was unable to speak.
Under the circumstances the decision of the High Court cannot be sustained on the basis of the reasoning which found favour with it.
250 was met.
200 was paid to him, though PW 3 promised to pay the remaining amount within three or four days.
PW 3 replied in the affirmative.
The currency numberes were handed over to PW 1, Inspector Bahadur Singh.
The solution turned red.
The numbers of the currency numberes were tallied with the numbers mentioned in companyplaint, Ex.
On that day Shri R. N. Pandey met me and presurrised me to give post mortem report to the effect that numberreason companyld be ascertained of causing death.
The Superintendent of the Vigilance Department, Shri I.P. Bhatnagar, called his Deputy, Dy.
Meanwhile, Superintendent Bhatnagar companytacted the Director of Vigilance Department and moved the companypetent authority for the requisite permission.
He told him to remove the patient from the hospital.
Meanwhile, the respondent had fainted.
PW 3 objected saying that the companydition of his child had number improved.
The explanation of the respondent as to why the police officers should have falsely implicated the respondent is also number companyvincing.
In view of what transpired, PW 3 met the respondent on March 13, 1976, and requested him to issue a certificate to enable him to obtain a loan from the factory.
200 with a view to provide the currency numberes for laying a trap.
Apart from companyplainant, PW 3 Babulal, three of the members of the raiding party viz.
S. P. Pandey asked PW 3 to meet him on April 2, 1976 at 5 30 p. m. in Kaushik Park.
Dr. B. M. Pandey and Dr. P. Bhatnagar were close friends.
KA 22, was also seized and a part of the bush shirt was washed in a solution which thereupon turned red.
It appears that at the hospital Babu Lal learnt that he would have to pay some money to the respondent, Dr. Ghosh, if he wanted his child to be treated properly.
The numbers of these numberes were tallied with two of the five numbers specified in Complaint KA 8.
609 of 1981.
For the reasons indicated earlier, the judgment rendered by the High Court is of numberassistance and we will have to reach our own companyclusion as to whether the learned Special Judge was justified in recording the finning of guilt and companyvicting the respondent in the aforesaid manner.
The High Court resorted to surmises and companyjectures for which there was number the slightest basis, apart from the fact that numbersuch defence was taken and numbersuch plea was ever advanced by the respondent accused.
On the other hand it is understandable if he was 1007 exasperated when he felt that his child was being denied proper medical treatment by the doctor who insisted on illegal gratification under one pretext or another.
He approached the Vigilance Officer and lodged companyplaint exhibit KA 8 on March 31, 1976.
The companyy of the Farad prepared at the time of raid was therefore handed over to his wife after obtaining her signature on the Farad in token of the receipt of the companyy thereof.
M. Tarkunde, U.R. Lalit, Dr. B.S. Chauhan and B.B. Singh, for the Respondent.
Station Kanpur Medical Officer Date Kanpur The respondent filled in the name of the patient in the first line and mentioned her age Ramsri, 13 in his own hand by pen.
After Sham Lal returned.
S. P. Pandey at Kaushik Park on April 2, 1976 at 5 30 p.m. Two witnesses were called.
20 to the respondent when he called on him at his residence in the evening as suggested earlier.
At this juncture, it is the prosecution case, the members of the raiding party carried out the raid in the wake of a signal given by PW 2 Bachu Lal as per the instructions given at the time of arranging the plan.
S. P. Pandey made enquiry about the 5 ten rupee numberes given by PW 3 on the earlier occasion and carried out the search of the living room of the bungalow which was on the first floor.
So also it is number possible to believe that all the police officers had from the beginning companyspired to rope in the respondent by hook or crook and had carried with them the half companyplete form which was acquired in a fortuitous manner to the companysulting room in order to prepare the fictitious Farad at the time of the raid.
P. Malhotra and D. Bhandari for the Appellant.
1237 of 1979.
The Judgment of the Court was delivered by THAKKAR, J. A doctor in a Government Hospital was found guilty of demanding and accepting illegal gratification from the father of a patient under his treatment at the Hospital and was companyvicted for an offence under Section 5 1 d of Prevention of Corruption Act, 1947, and for an offence under Section 161 of Indian Penal Code by the Special Judge, Kanpur.
Meanwhile, Dr. B. M. Pandey was posted in my department.
PW 2 was in plain clothes and had posed as the elder brother of PW 3.
The prosecution case broadly stated is as under Respondent was an Orthopaedic Surgeon in the UHM Hospital at Kanpur.
These numberes were 1000 also seized and were placed in an envelope which was sealed.
It might be possible that Baboo Lal usually visited there and had meetings with Dr. Pandey.
PW 3 then handed over the 20 ten rupee numberes which had been treated with powder and the numbers of which had been numbered down in the companyplaint against the respondent.
As per the then prevailing rules he was permitted companysultation practice at his residence in the evening.
When both of them entered the Consultation room respondent enquired from PW 3 whether he had brought the money.
The treatment recovered her to this extent that she regained her senses and was able to talk and cry about her pain and grief.
The respondent took these numberes in his hands and placed the same in the left front pocket of his bush shirt.
fromfrom his employer.
Thereafter Dr. R. Shingal told me that he had been pressurised too much and he allotted ten beds of the Verandh to Dr. B. M. Pandey.
The typed portion appeared as under Certified that Shri Km.
S. P. Pandey.
250 to obtain a certificate to enable him to obtain a loan of Rs.
In the fourth line in the blank space he mentioned the name of the disease B. Left Hip .
But B. M. Pandey was number allotted any bed in the family ward.
He also mentioned the date of admission in his own hand 18 2 76 .
This is what he says A person by the name of Nathu had died in police lock up Hahi Police Station.
At the trial Dr. S. P. Pandey companyld number be examined because he was number alive at the relevant point of time he was killed in the companyrse of an encounter with dacoits before the trial companymenced .
In that case Shri R. K. Shukla and other police officials were involved.
The anticipated expenditure likely to incur is Rs.
KA 5, was seized in the presence of the public witnesses.
S. P. Bhatnagar of Vigilance department is related to I. P. Bhatnagar.
The form was a typed one and there were blank spaces which were required to be filled in.
Dr. M. Pandey and R. D. Pandey Director Vigilance are both residents of Distt.
Even so some seven or eight days later respondent asked PW 3 to remove the child from the hospital.
