at about 11.45 a.m. on that day the appellant accompanied by two others came to pw shrivastava.
the appellant gave visiting card p4 to shrivastava and said that he wanted to see the chief engineer.
wadhwa also asked shrivastava to take out the envelope from the pocket of the trousers of the accused.
hardayal hardy m. s. n. nambudri and b. r. g k. achar for the appellant.
appeal by special leave from the judgment and order dated february 4 1970 of the high companyrt of madhya pradesh jabalpur bench in criminal appeal number 24 of 1967.
he replied do number talk to me.
whereupon i replied you are head of the depart ment.
the other three companytractors bad stipulated that they would use 24 tons of steel.
in the meantime the accused had put back the envelope companytaining currency numberes in the pocket of his trousers.
the offices of gupta and tiwari are also in the administrative building of hel in which building is situated the office of wadhwa pw.
then i went to the office of the chief engineer on the 9th and talked to him and showed my testimonials and handed over the letter exhibit p.3.
wadhwa then asked shrivastava to take lalwani to his room.
as the writing was number found to be satisfactory the same was number accepted by wadhwa and the paper remained with the accused.
a short time thereafter on being called by wadhwa the accused appellant accompanied by his two companypanions went inside the office of wadhwa.
the two companypanions of the accused then left the office of wadhwa while the accused remained sitting there.
the other prosecution allegations were denied by the accused.
if you do number hear who will hear?
for taking out the papers i was required to take out money also and after keeping money in my pocket i showed the papers to him.
wadhwa then told the accused that whatever he had to say in the matter he should tell the executive engineer and that he might also hand over a companyy of his letter to the assistant chief engineer.
the accuse however persisted in saying that his tender was the lowest.
i learnt from the office that my tender and the tenders of two or three persons more sent to the assistant chief engineer and there was remark on my tender that the testimonials were number attached whereas i had sent the same on the 21st.
on arrival there the accused talked about big tender and stated that as his tender was the lowest 15 l382supci/74 the same should be accepted the accused also handed over copy p3 of letter dated april 8 1966 which had been addressed by him to the executive engineer in companynection with the above tender wadhwa then told the accused that according to the information received by him the accused had stipulated the use of only 18 tons of steel as against 24 tons stipulated by others.
therefore i went to the chief engineer on the sameday and told him that my tender was the lowest and they say that the testimonials have number been sent.
there were thirty 100 rupee currency numberes in that envelope.
gupta pw 3 who is the secretary and vigilance officer of hel as well as chandra shekhar tiwari pw 4 who is the chief security officer of hel.
shrivastava pw then came inside the office of wadhwa.
he denied having offered any amount to wadhwa or about his having made any companyfession after the arrival of gupta and tiwari pws.
3000 by the accused to him as mentioned above.
the executive engineer heavy electricals limited hereinafter referred to as hel bhopal invited tenders for companystruction of four bcc overhead tanks each of one lakh gallons capacity by a tender numberice published on december 23 1965.
the accused then expressed his apologies and stated that he was sorry and ashamed for what he had done.
in the report the number of currency numberes were also numbered by shrivastava.
it was then decided that the matter should be reported to the police.
i said there is companyruption.
the accused also requested that he might be forgiven and that otherwise he would lose his career as a companytractor.
then i went to delhi and on 9 4 66 1 came with the testimonials and the consultant engineer and i had brought the amount of security also.
3000 from the pocket of the accused under the directions of wadhwa the witness further deposed regarding the extra judicial companyfession made by the accused after the arrival of gupta and tiwari pws.
he was number there.
wadhwa then told the accused also to go but the accused instead of going took out from the left pocket of his trousers an envelope and presented it to wadhwa.
criminal appellate jurisdiction criminal appeal number 45 of 1970.
on being asked by him i replied can bring the testimonials.
on the arrival of shrivastava wadhwa told him that the accused had given him bribe.
the defence version was rejected by the high companyrt as unworthy of evidence.
the accused thereupon wrote something on a piece of paper.
wadhwa then rung up r.c.
shrivastava sent that card through a peon to chief engineer wadhwa.
it was found that the tender of the appellant who had stipulated that he would use 18 tons of steel was of the lowest amount.
the accused in his statement under section 342 of the companye of criminal procedure admitted having met wadhwa pw in his office on april 9 1966 and about his having handed over to wadhwa companyy of letter p3.
the fact that gupta and tiwari were called on telephone by wadhwa was further admitted by the accused.
gupta pw 3 and tiwari pw 4 deposed about the extra judicial companyfession of the accused in the office of wadhwa pw when they were called there by wadhwa pw on telephone.
formal first information report p8 was prepared at the police station on the basis of report p1 and a case was registered against the accused at 2.15 p.m. companyplaint about the occurrence was thereafter filed in the companyrt of the special judge bhopal by town inspector gurbir singh on.
may 201966.
the accused further gave the following version of the occurrence on 7 4 66 1 had gone to the office of the executive engineer shri karajgi.
those tenders were opened on february 1 1966.
the report was then signed by wadhwa.
when the accused offered his apologies wadhwa remarked that if the accused gave anything in writing he would companysider the matter.
wadhwa thereafter asked for the advice of gupta and tiwari.
the accused also admitted that the personal assistant of wadhwa had taken out 30 currency numberes of rs.
i have brought the engineer also.
otherwise why my certificates have been removed from my tender?
a partition divides the office of the chief engineer from the place where shrivastava used to sit.
whereupon i said are you also included in that companyruption ?
the witness supported the version of the occurrence as given in the statement of the accused under section 342 of the companye of criminal procedure.
my engineer also told him.
thereupon he pressed the buzzer.
the prosecution further examined shrivastava pw 5 according to whom he was called by wadhwa and was told that the accused had offered him bribe.
pw 5 niranjanlal shrivastava personal assistant to the chief engineer was also present there.
then my engineer spoke in sindhi language he is number hearing i go downstairs and i send any other person.
wadhwa thereupon called shrivastava and dictated to him report p1.
wadhwa reprimanded the accused for doing something wrong and at the same time he wadhwa pressed the buzzer for his personal assistant.
the witness took out an envelope companytaining currency numberes of the value of rs.
i said i have brought the testimonials also.
thereupon he began to say i am number prepared to hear this much.
you discuss with him and give final reply.
the accused and the report were thereafter sent to police station govindpura.
i had a hot talk with him.
do number talk anything more with me?
speak to the executive engineer.
the trial companyrt was of the view that wadhwa pw was number wholly reliable witness.
thereupon he replied.
shrivastava then took out the envelope companytaining currency numberes from the trousers pocket of the accused.
the high companyrt disagreed with the trial companyrt that the prosecution evidence suffered from infirmities.
at the trial wadhwa pw 1 gave evidence in support of the prosecution case as given above.
four companytractors including the accused appellant submitted their tenders.
the judgment of the companyrt was delivered by khanna j. this is an appeal by special leave by mohandas lalwani against the judgment of madhya pradesh high companyrt whereby the high companyrt reversed the judgment of acquittal of the special judge bhopal and companyvicted the accused appellant under section 165a indian penal companye and sentenced him to undergo rigorous imprisonment for a period of one year.
thereupon he replied i am number prepared to hear anything.
in the result the appeal was accepted and the accused was companyvicted and sentenced as above.
wadhwa could see that the envelope companytained 100 rupee currency numberes.
ram paniwani and h. s. parihar for the respondent.
the case of the prosecution is that on april 9 1966 pw 1 shivnarain wadhwa chief engineer companystruction of hel was present in his office.
