5,000 was paid in the shape of currency numberes to Madan Lal by Ram Kishan while two police officers and a Magistrate were hearing the companyversation from an adjoining room and saw the payment through a hole in the door.
24 D of 1953 arising out of the judgment and order dated the 26th August 1953 of the Court of Special Judge, Delhi in Corruption Case No.
The Special Judge, Delhi, who tried the case, found the appellants guilty under both heads of charges.
43, is a partnerproprietor in the firm of Kundan Lal Raja Ram of Saharanpur.
Appeals by special leave from the judgment and order dated the 23rd October 1953 of the Circuit Bench of the Punjab High Court at Delhi in Criminal Appeal No.
1,000 each.
He sentenced Ram Kishan to three months rigorous imprisonment and a fine of Rs.
Labhu Ram, Railway Parcels clerk in the Railway at Saharanpur, was deputed by the Station Master to help the Police party.
5,000 Prem Chand and Gian Chand to two months rigorous imprisonment and a fine of Rs.
The three accused and Labhu Ram were at Delhi on the morning of the 29th December and an increased sum of Rs.
The Judgment of the Court was delivered by CHANDRASEKHARA AIYAR J. Ram Kishan, the first appellant in Criminal Appeal No.
43 and 44 of 1954.
They also stood charged with an offence under the same section read with section 116 of the Indian Penal Code for abetting the companymission of criminal misconduct by the said Madan Lal by paying him a sum of Rs.
The trap succeeded.
Pritam Singh Safeer, for the Appellant in Cr.
He did number separately companyvict or sentence the accused under the head of criminal companyspiracy.
Jai Gopal Sethi and Naunit Lal for the Appellants in Cr.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
Madan Lal refused to have anything to do with such a proposal, but as the accused persisted in their offer, it was ultimately decided that a trap should be laid for them at Delhi in Madan Lals house.
A. No.
10 of 1953.
The appellant, Gian Chand, is the munim of a firm called Lekh Raj Shambhu Nath.
It is alleged by the prosecution that during the progress of the investigation, and after the houses and shops of the accused persons had been searched, Ram Kishan took Labhu Ram aside and proposed that the three firms would be prepared to pay Rs.
Madan La, Railway Section Officer, examined as P. W. 4 in the case, was deputed by the Railway Department to assist the Special Police Establishment in the investigation.
43 of 1954.
K. Daphtary, Solicitor General of India, Porus Mehta, H. R. Khanna and P. G. Gokhale, for the respondent in both appeals.
A. No.
44 of 1954.
Prem Chand, the second appellant, is a partner in the firm of Narain Prasad and Prem Chand in the same place.
Police investigation was proceeding in this companynection at Saharanpur in October, 1951.
The appellants were charged under section 120 B of the Indian Penal Code for criminal companyspiracy to cause the offence of criminal misconduct punishable under section 5 2 of the Prevention of Corruption Act II of 1947 , tobe companymitted by Madan Lal, one of the prosecution witnesses.
March 9.
Some of the Saharanpur merchants, including the three firms, were suspected of exporting potatoes at companycessional rates on false declarations or certificates that they were seed potatoes.
5,000 by way of illegal gratification, which offence was, however, number companymitted by him.
