By that letter the accused asked Nikhil Chakraborty to remit a sum of Rs.
The receipt was received back at Kamalpur post office on 2 12 1961.
The Trial Court framed other charges but found him guilty of another charge which need number be referred to as finally he was acquitted by the High Court of all charges except the one referred to above.
The trial Judge also companypared the signature of the accused in Exh.
Appeal by Special Leave from the Judgement and Order dated 30 7 71 of the Judicial Commissioner Court, Tripur in Crl.
After the receipt of Rs.
P 5 and the writing in P 6 and P 7 with his admitted signatures and found that exhibits P 6 and P 7 and the signature in Exh.
It is, therefore, clear that the accused under Exhibit P 6 demanded a sum of Rs.
The accused signed the money order form and received the money.
75/ from Nikhil Chakraborty on or about 2nd December, 1961 and companyvicted him of an offence under Section 161 Indian Penal Code and sentenced him to suffer rigorous imprisonment for two months.
75/ was sent by Nikhil Chakraborty on 31 11 1961 at Agartala Post Office.
75/ through money order from Shri Sachindra Deb, remitted by Shri Nikhil Chakraborty for showing in exercise of your official function, favour to the said Sachindra Deb, on the plea of securing service for the said Sachindra Deb and thereby companymitted an offence punishable under Section 161 of the Indian Penal Code and within the companynizance of this Court.
P 5 were of the accused.
P 5 was signed by him.
80/ or Rs.
On receipt of this letter, a money order Exhibit P 5 for Rs.
15/ to be remitted.
90/ by T.M.O. which was to be given to the gentleman who is Office Head Clerk.
75/ from Nikhil Chakraborty as gratification as a motive or reward for showing favour to him and that on or about 2nd December, 1961 he received Rs.75/ sent by Money Order by Nikhil Chakraborty on behalf of one Sachindra Dey as gratification for securing service for the said Sachindra Dey.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
74 of 1972.
75/ the accused again wrote on 3 12 1961 Exhibit P 7 asking for the balance of Rs.
The letter acknowledges an earlier letter from Nikhil Chakraborty.
The learned companynsel for the appellant does number question the companyrectness of these findings.
K. Ramamurthi, J. Ramarurthi and Miss R. Vaigai for the Appellant.
The accused Bhupesh Deb Gupta alias Erick was working as an Upper Division Clerk in the Tripura Territorial Council in the year 1959.
While investigating some other offence, P.W. 1 Shri T. Ganguly who was the Deputy Superintendent of Police in Tripura in 1963 came across certain postal envelopes in the Office of the Chief Executive Engineer which disclosed that the accused was receiving bribes.
A.21/67.
It is also indicated that in all a sum of Rs.
C. Agarwala and R. N. Sachthey for the Respondent.
90/ for securing a job for Sachindra Deb and in response to that letter money order for Rs.
The Judgment of the Court was delivered by KAILASAM, J. This appeal is by special leave against the judgment of the Judicial Commissioner at Agartala companyvicting the appellant, Bhupesh Deb Gupta of an offence under Section 161 Indian Penal Code and sentencing him to a fine of Rs.
75/ was sent by Nikhil Chakraborty and received by the accused.
The Courts below accepted the prosecution case that Exhibits P 6, P 7 were written by the accused, and that the money order receipt Exh.
It is a letter written by the accused to Nikhil Chakraborty on 23 11 61.
In this appeal we are only companycerned with the charge that the accused received a sum of Rs.
200/ Pending appeal in this Court, the appellant died and his widow brought on record as the legal representative of Bhupesh Deb Gupta, as she was adversely affected by the sentence of fine and companyviction under Section 161, as, it deprived her of receiving the pay and other allowances which the accused would have been entitled to but for his companyviction.
150/ will have to be given.
After investigation, the accused was charged with various offences.
