AA/35 377745 and one currency numbere of the denomination of Rs.50/ having No.3 DH 355826 with marked initials of Sri.
AA/35 377745 and the other currency Note of Rs.50/ having No.3 DH 3555826 were recovered from him.
Sri Bhaiya Lal Verma had called him in the office on 2 4 1984 and has agreed to accept Rs.150/ as bribe.
They reached near the office and sent Rajendra Singh for giving illegal gratification.
R.L. Gupta, the then Executive Magistrate and Additional D.M. S.D.O. Naraini Banda to record the statement of the companyplainant and to prepare the fard of currency numberes which were to be given in the bribe and thereafter the papers were to be handed over to C.O. Sadar for laying trap.
Sri Ram Lakhan Gupta PW8 proved the order of A.D.M. F dated 2.4.1984 Ex.
Lal Mani Ram was harassing him by giving threats of recovery on the basis of fictitious bills.
Thereafter, the then Additional District Magistrate F , Banda Sri J.N. Vishwakarma directed Sri.
He was sentenced to undergo rigorous imprisonment for two years and was directed to pay a fine of Rs.5,000/ with default stipulation.
The High Court numbered that in the personal search one currency numbere of Rs.100/ having No.
Background facts in a nutshell are as follows Sri Rajendra Singh Kushwaha, Assistant Agriculture Inspector of Rajkiya Krishi Sadhan Purti Bhandar Badokhar Buzurg, Banda moved an application before the District Magistrate, Banda companyfidentially on 2.4.1984 stating that Sri Bhaiya Lal Verma, the accused who was the Accountant in the office of District Agriculture Officer and Project Officer in companylusion with the Project Officer Agriculture Sri.
The recovery memo Ex.
Thereafter Sri R.L. Gupta the Additional S.D.M. Banda called Sri.
Sri Munna Lal Katiyar PW7 proved the FIR Ex.
They left the jeep near the Telephone Exchange.
The case was investigated by Sri Akshay Kumar Singh, the then Deputy S.P. Babenu.
Interestingly, the suggestion made by the accused during the cross examination of PW 3 was that he had handed over the money to the accused stating that the amount is the price of ghee for the Project Officer.
The prosecution examined Sri Mithlesh Kumar Dwivedi PW.1 , Shiv Prasad PW2 , Rajendra Singh PW3 , Akshay Kumar Singh PW4 , Rishi Ram Sharma PW5 , Om Prakash Kakkar PW6 , Munna Lal Katiyar PW 7 and Ram Lakhan Gupta PW8 in support of its case.
Sri Rajendra Singh PW3 proved the application dated 2.4.1984 Ex.
It is companytrary to the evidence on record.
The currency numberes Ka.1 to Ex.6, a purse Ex.
The High Courts companyclusion is that after examining the statement of these two witnesses it is apparent that numbere of these witnesses had heard any companyversation between the appellant and the companyplainant.
At that time light was on in the office and it was about 6.45 M. Sri Bhaiya Lal Verma was sitting on the table and was talking with one person.
In companypliance with the order of A.D.M. F Banda, Sri R.L. Gupta, Additional D.M. Banda recorded the statement of the companyplainant Sri.
Placing reliance on the evidence of prosecution witnesses more particularly PWs.
He had numberconcern with the files of recovery.
He was also companyvicted for offence punishable under Section 161 of the Indian Penal Code, 1860 in short the IPC and sentenced to rigorous imprisonment for two years.
Sri Rishi Ram Sharma PW5 proved the sanction order Ex.
Sri Om Prakash Kakkar PW6 also proved the recovery memo Ex.
Sri Akshay Kumar Singh PW 4 proved the site plan Ex.
After companypletion of the investigation, the charge sheet was filed against the accused for companymission of offences punishable under Section 161 IPC and Section 5 2 of the Act.
The then District Magistrate, Banda marked the said application to the Additional District Magistrate Finance and Revenue and ordered him to lay the trap.
Hence request was made that the Accountant Sri Bhaiya Lal Verma may be caught red handed while accepting Rs.150/ as illegal gratification so that the applicant may discharge his duties impartially.
Thereafter, he kept the purse in the left pocket of his bush shirt.
They remained standing in the Verandah by the side of the eastern window affixed in the numberthern wall of the big room lying in the middle of the office.
1 was prepared at the spot by Sri Shiv Nandan Singh at the dictation of Sri O.P. Kakkar.
The High Court attached unnecessary importance to the evidence of PWs.1 2 to hold that they did number clearly hear the demand for bribe.
R.L. Gupta were recovered from the purse kept in the left pocket of his bush shirt.
Sri Shiv Prasad Yadav and Sri Mithlesh Kumar Dwivedi met him near the Telephone Exchange.
Shiva Nandan and companystables Rajendra Kumar Tiwari, Dinesh Kumar and Gulab Singh from Kutchery Chauraha with him and proceeded by jeep towards the office of District Agriculture Officer and Project Officer.
Thereafter, the accused Bhaiya Lal was brought to P.S. Kotwali and was lodged there.
Ka.9, the statement of Rajendra Singh Ex.
In the purse, photograph of the accused was there.
He also handed over the statement of Sri Rajendra Singh and the fard of currency numberes, as referred to above, to him.
On the basis of the recovery memo the case was registered against the accused Bhaiya Lal Verma for offences punishable under Section l61 I.P.C. and under Section 5 2 of Act.
10 and the Fard of currency numberes Ex.
The accused pleaded innocence.
During search, the person with whom the accused was talking before taking bribe escaped quietly from there.
However, in appeal, the High Court directed acquittal.
In his statement recorded under Section 313 of the Code of Criminal Procedure, 1973 in short the Code , it was his stand that Sri Ram Adhar Awasthi was dealing with files relating to recovery.
Rajendra Singh on 2 4 1984 at 5.45 P.M. Sri Rajendra Singh companyfirmed the facts mentioned in the application moved before the District Magistrate, Banda.
Sri Ram Adhar Awasthi DW1 proved the initial of accused Bhaiya Lal Ex.
The police party and the public witnesses heard and saw from the window that Rejendra Singh informed Bhaiya Lal Verma that he has brought Rs.150/ which he had demanded for number making recovery from him and he should accept the said amount.
He admitted that he was posted as Accountant in the office of District Agriculture and Project Officer Banda in April, 1984.
He further stated that he has brought one currency numbere of Rs.100/ denomination, and one currency numbere of Rs.50/ denomination, numbers of which are AA/35 377745 and 3 DH 355826 respectively.
He examined two witnesses to substantiate his defence.
He took the stand that there was enmity between the then Plant Protection Officer, Banda who in companylusion with Rajendra Kumar Kushwaha registered the false case against him.
From there they proceeded towards the place of occurrence on foot.
Sri Bhaiya Lal Verma the Accountant had promised him that if he pays Rs.150/ to him numberaction will be taken against him.
Ka.11.
The sanction to prosecute the accused was granted by Sri Rishi Ram Sharma, Director Agriculture, Uttar Pradesh on 14th January, 1985.
6 and the companyy of G.D.Ex.
Thereafter Rajendra Singh offered Rs.150/ to Bhaiya Lal Verma, who accepted the currency numberes of Rs.150/ .
Ka.3 and the charge sheet Ex.
As numbered above, the recovery of the money has number been disputed.
Thereafter, the aforesaid currency numberes were handed over to the companyplainant Shri Rajendra Singh Kushwaha.
The aforesaid currency numberes along with purse and the photo of the accused and the bush shirt which the accused was wearing were taken into possession by the police at the spot and the aforesaid articles were sealed at the spot.
Both the sentences were directed to run companycurrently.
7, bush shirt Ex.8, specimen of seal Ex.9 and the photo of the accused Ex.10 were produced in the evidence.
He took out purse from his pocket and kept the said currency numberes in the purse.
On interrogation, he disclosed his name as Bhaiya Lal Verma son of Korey Lal Verma and stated his full address.
Sri O.P. Kakkar took Rajendra Singh with him and proceeded towards the spot.
During investigation, he recorded the statements of the witnesses and prepared the site plan.
Sri R.L. Gupta prepared the fard of the said currency numberes on 2 4 1984 at 6 M. He marked to currency numberes with his initial which were to be given in the bribe to Sri Bhaiya Lal Verma.
This is an indirect way of accepting that money has been received by him.He also took the then S.H.O. P.S. Kotwali Sri.
The recovery memo and the other papers were also filed at P.S. Kotwali.
12 on the Photostat companyy of order Ex.
The recovery memo was read over to the police personnel and the public witnesses and their signatures were obtained.
1, 2 3, the trial companyrt found the accused guilty and companyvicted and sentenced him as aforestated.
Besides it, two currency numberes of the denomination of Rs.100/ each and two currency numberes of the denomination of Rs.50/ each were also recovered from the said purse.
O.P. Kakkar the then C.O. Sadar in the office of A.D.M. F , Banda on 2 4 1984 at about 6 P.M., and handed over the application dated 2 4 1984 of Sri Rajendra Singh Kushwaha companytaining orders of the District Magistrate and Additional District Magistrate F for laying trap.
One currency numbere of the denomination of Rs.100/ having No.
The fard was read over to him and his signatures were also obtained.
Ka.8, order dated 2.4.1984 of District Magistrate Ex.
The accused was companyvicted by learned Special Judge E.C. Act Banda in Special Case No.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court allowing the criminal appeal filed by the respondent hereinafter referred to as the accused .
He took them with him and gave information about his purpose.
His personal search was made in accordance with rules.
On being satisfied that Bhaiya Lal has accepted bribe, the office was raided immediately and Bhaiya Lal was apprehended inside the room.
Sri Mithlesh Kumar Dwivedi PW1 proved the recovery Memo Ex.
