It was highlighted that so much preparations were made before trap, but it is number clear as to who recovered the money from the hands of the appellant.
Since Raju Hadi was number willing to make the payment of bribe amount to the doctor and ward boy, he lodged a companyplaint to the S.P. CBI, Dhanbad for taking necessary action.
Similarly left hand of Nag Narain was also dipped in another solution which also turned pink and this solution was also kept in a bottle and sealed.
His shirt was also dipped in a solution and that solution turned pink and that solution was kept in a bottle and sealed.
Two appeals were filed by the present appellant and one Nag Narain who was accused number2 questioning companyrectness of the judgment dated 4th December, 1997 and order of sentence dated 16.12.1997 passed by the Special Judge, CBI, Ranchi in C. case No.15 of 1998.
Raju Hadi had been to the hospital on 31.8.1985 to see his ailing father and his ailing father companyplained of lack of proper treatment and he requested him to meet the companycerned doctor, Raju Hadi ascertained that his father was under the treatment of Dr. R.S. Seth, the appellant.
Hublal Hadi was admitted in Bed No.16 ENT Department of Central Hospital on 29.8.1985.
The informant was directed to pay the amount to the accused only on demand.
Their stand was that there are a lot of companytradictions in the evidence of witnesses.
He went to his Chamber and Nag Narain was present there.
When they reached Central Hospital and went to the chamber of appellant Dr. Seth, chamber was found locked but informant met other appellant Nag Narain and PW3 paid the tainted money amounting to Rs.500/ to Nag Narain who kept the same in his right pocket of his shirt and asked PW3 to proceed with him to the residence of Dr. Seth as he will give money in his presence and PW3 appellant Nag Narain proceeded from Central Hospital to the residence of Dr. Seth and PW2 and other members of the team were following them.
PW 3 companyroborated this part of the statement of PW 10 who is a companystable.
All these practical demonstrations were numbered down and demonstration chart was prepared on which all the members of the raiding party made their respective signatures.
PWs 1 and 2 were independent witnesses and in their presence money was delivered to Nag Narain by PW 3.
The doctor also told Raju Hadi that in case he was number available in the hospital, he would pay the amount to his ward boy Nag Narain, who would pass the amount to him.
This was done because when PW 3 and others reached at the hospital, the chamber was found locked.
At the same time, right hand of appellant Nag Narain was dipped in similar solution which also turned pink and was kept in a bottle and sealed.
Thereafter members of the team put their respective signatures on all the bottles which were sealed.
PW 3 met Nag Narain and paid money to him and proceeded to residence of the appellant.
In the meantime, PW2 who saw this came out of the gate and gave signal and thereafter members of the team pounced upon them introducing themselves as CBI officials and they caught Dr. Seth and recovered money from his possession, Nag Narain was also caught.
Thereafter post trap formalities were carried out at the premises of Dr. Seth, upon which all the members of the team put their respective signatures.
Instructions were also issued to the witnesses and the members of the raiding party to play their respective parts before and after trap.
These two independent witnesses reported before Shri R.C. Choudhary in the office of the CBI.
Similarly, PW 10 while making verification about the genuineness of the allegations made by PW 3 has stated that he went to the residence of the appellant and he hid himself behind the bush and from there he heard talks between PW 3 and appellant.
PW 2 in his evidence has categorically stated that the decision was taken in CBI office that money is to be paid to Nag Narain who has made payment to the accused.
After investigation of the case charge sheet in the case was submitted and companynizance of the case was taken and learned companyrt below in companyrse of trial recorded evidence of witnesses of both sides and marked exhibits of documents produced on behalf of both sides and ultimately came to a companyclusion and held both the appellants guilty and accordingly, companyvicted them and sentenced them.
Thereafter right hand of Dr. Seth was dipped in a solution which turned pink and this solution was kept in a bottle and sealed.
Prosecution version as unfolded during trial is as follows A written companyplaint was made to S.P. CBI, Dhanbad on 1.9.1985 by one Raju Hadi, Safayi Mazdoor of Pathological Laboratory Area 9, BCCL, Dhanbad alleging therein that he had visited Chamodih Dispensary in companynection with treatment of his father Sri Hublal Hadi who was examined by Doctor L.B. Sah, who referred him to Central Hospital, Dhanbad.
The evidence is to the effect that the appellant had asked PW 3 to pay money to company accused Nag Narain who was to pass the money to him.
After reaching there PW 3 and Nag Narain went inside the gate and PW 2 and others remained at the gate.
It is clear from the evidence that the appellant came out after the call bell was pressed and Nag Narain passed the money to him.
The two accused persons filed appeals before the High Court.
It was submitted that everything was pre planned and companyspiracy was hatched to falsely implicate the appellant.
Both Nag Narain and Dr. Seth were later arrested soon after recovery of money.
It was stated that PW8 was the brain behind the so called trap.
Much has been made of the fact that most of the witnesses were in the same office.
After pre trap formalities, PW3 and others members of the team including independent witnesses proceeded towards Central Hospital and PW2 was directed to shadow PW3 and to hear companyversation in between the PW3 and the appellants.
When PW3 remained near the gate, other persons of the team remained outside the gate.
Similarly, left hand of Dr. Seth was also dipped in another solution which also turned pink and this solution was also Kept in a separate bottle and sealed.
He was entrusted with the job to verify the genuineness of the allegations made by PW 3.
Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Jharkhand High Court.
After companysidering the rival stands the High Court held that the accusations were established but companysidering passage of time reduced the sentence to the period already undergone.
In support of the appeal learned companynsel for the appellant submitted that both the Trial Court as well as the High Court lost sight of the following features No demand was established Role of PW 8 is highly suspicious and his evidence lacks of There were numberindependent witnesses There was numberpositive evidence as to who had recovered the money as claimed by the prosecution from the appellant.
He requested Nag Narain to allow him to meet Dr. R.R.S. Seth and met Dr. R.R.S. Seth, who demanded a sum of Rs.500/ from him for giving proper medical treatment to his father and also insisted that the amount be paid on 1.9.1985.
After formal introduction of each other, the purpose of assembly was explained and practical demonstration regarding the purpose and use of phenolphthalein powder and chemical reaction with sodium carbonate was given in the immediate presence of two independent witnesses and the members of raiding party.
The I.O. obtained the services of the two independent witnesses Devraj Prasad Sinha PW 2 and Ved Prakash Pahuja PW 1 .
He has stated that the appellant asked PW 3 to make payment to Nag Narain.
Each of them was sentenced to undergo RI for one year and to pay a fine of Rs.5,00/ with default stipulation.
On reaching burand of the house, appellant Nag Narain pressed call bell whereupon appellant Dr. Seth opened the door and came out and he gave money to him.
On the basis of companyplaint, verification was made and on getting companyfirmation report, Sri R.C. Choudhary, Inspector, registered the companyplaint on 1.9.1985 and took up the investigation.
Thereafter members of the CBI formed a raiding party and this party also assembled before him.
After demonstration was over, the informant Raju Hadi was asked to produce a sum of Rs.500/ five G.C.C. numberes of rupees one hundred denomination each and he produced the same and numbers of these numberes were numbered down and these C.C. numberes were tainted with phenolphthalein powder and handed over to Raju Hadi.
