The accused, an Assistant Sub Inspector attached to Police Station, Raman is charged with an offence under Section 5 1 d of the Prevention of Corruption Act.
The narration runs on to state that the accused desired some hot drinks and, at the instance of P.W. 3, handed over a ten rupees numbere out of the bribe money.
The numbers of the ten numberes tallied with those which had been numbered down in the companyplaint.
According to the prosecution, one Duta Singh had companyplained against Hakum Singh and others to the accused on May 24, 1968 since he was then the Station House officer of P.S. Raman within whose limits the offence is said to have taken place.
150/ , he reduced it to Rs.
P.W. 2 came back to the liquor shop with the money and told P.Ws.
The two medlators, P Ws 3 and 4, informed P.W. 2 accordingly, This information was companyveyed by P.W. 2 to Buta Singh and his mother.
3 left for the Dharamshala with the implicating numberes and P.Ws.
While the accused recorded the report, he did number arrest the accused although they were available in the village.
2 and 4 shadowed him at a distance and posted themselves at two places in the vicinity of the Dharamshala to avoid being seen, but to be within reach.
He told P.W. 3, Jwala Singh, and P.W. 1, Santokh Singh, about the demand of the accused for money and requested them to meet the accused and settle the payment at a moderate sum P Ws.
P.W. 9 companyfronted the accused and demanded of him where his pants had been kept P W 3 pointed towards the pillow on the company and P.W. 9 lifted the pillow, took out the pants beneath it and recovered nine currency numberes of Rs.
5 and 6.
He apprised P.W. 2 of the fact that the accused had companye to the Dharamshala whereupon the money was made over to P W 3 with instructions to give it to the accused if demanded.
3 and 4 that it was vicious for the accused to be asking for bribe like this and be should be trapped his time They decided that P.W. 3, who is a friend of the accused, should meet and take the accused to the village where the arrest was to be effected Bangi Ruldu and P.W. 2 and 4 proceeded to Bhatinda in jeep to meet the Deputy Superintendent of police, P.W. 9.
10/ each from the left pocket therein.
10/ the numbere given to him by the accused to P W 7 asking him to buy a bottle of liquor for the accused.
PW 3 met the accused, signaled to him that he had brought the money and, after the persons present were disposed of, the accused asked the two companystables to fetch his meals from P.W. 3s residence.
also with them.
Dhan Kaur, the mother of Buta Singh, companyplained to Chand Singh, P.W. 2, the Sarpanch of the village that the police officer was number taking steps to arrest the accused in the case where her on had been attacked.
He numbered the numbers of the said numberes and returned them to P.W. 2 directing him and P.W. 4 to proceed to the village and arrange to hand over the numberes to the accused if he demanded bribe P.W. 9 himself agreed to reach the Rest House, Kot Dhakhtu, and wait there for information about the passing of the money.
On the above basis, in the afternoon of May 25, P.W. 3 took a jeep, met the accused and assured him that the money would be paid at the village Bangi Buldu and took him along in the jeep to that village.
There were two companystables, P.Ws.
P.W. 2 thereupon went to the accuseds house and the latter told him that fur getting the accused in the case arrested bribe had to be paid.
Thereupon the accused was arrested, investigation undertaken, sanction obtained and prosecution launched.
Promising to see him later send some one else, P.W. 2 returned to his liquor vending shop.
P.W. 2 related the story to P.W. 9 in a companyplaint and produced the ten rupee numberes intended to be passed on to accused as bribe.
Information having been companyveved by P.W. 2 to P.W. 9 the Deputy Superintendent of Police, the latter accompanied by the Inspector of police and companystables came from the Rest House, where they were waiting, to the Dhuram hala.
Since it was the middle of May and summer heat, the accused removed his pants and kept them under the pillow on the company where he lay in the Dharamshala thinly dressed in banyan and underwear.
The accused received the numberes and put them in the left pocket of his pants.
On the same day Smt.
Dhan Kaur, the mother, then gave ten currency numberes of Rs.
P.W. 9 took the necessary follow up action.
10/ each to be made over to he accused as speed money in the matter of effecting the arrest.
On further information furnished by P.W. 3, P.W. 7 was called in and he produced the tenth ten rupee made over to him to buy liquor.
Krishna Iyer, J. This appeal, filed by special leave, may be disposed of by a short judgment because after having heard companynsel for the appellant, Shri Rus, at some length, we are satisfied that numberserious question of law arises and a re application of the evidence to do which we were invited is number permissible in the absence of manifest injustice or perverse understanding of the materials on record by the companyrts below.
Meanwhile, the companystables had returned and P.W. 3 paid Rs.
100/ .
Leaving the accused and the companystables at Dharamshala, P W 3 went to meet PW 2 at the formers residence.
3 and 4 proceeded to the accuseds place, and although initially he asked for Rs.
When the companystables back was turned on the accused, he was left alone with P W 3.
He asked for the money which was promptly passed on by PW.3.
