On his way to Raos office P.W. 3 also met the other accused Bajid.
10,000 produced by Noronha and put by him in his pocket, which were recovered by K. C. Kapur in the presence of P.Ws.
After lunch he also saw Bajid going to Garrison Engineers office.
The evidence of Chaliha and Barua was thus number believed regarding the actual factum of the acceptance of illegal gratification.
From his personal search certain other currency numberes and some papers were also re companyered.
The two witnesses number companynected with the police,, Chaliha, Income tax Officer and A. C. Barua, Sub Divisional Officer, Planning, appeared as P.W. 1 and P.W. 2 respectively.
There P.W. 3 then narrated his companyplaint against Bajid.
He said .
All the windows and the doors had opaque curtains.
Thereafter what happened had better be stated in the words of P.W. 3 himself, I greeted him hello Mr. Krishna Rao, companye in, companye in, as he took his seat I closed the front door for privacys sake.
He then got up and was just walking towards the front verandah door.
He was an Upper Division Clerk in C.W.E., Jorhat.
Accused Krishna Rao in his statement under s. 342, Cr.
Rao was to companye to the office of P.W. 3 at about 1 30 p.m. In the Madras Coffee House P.W. 3 met Kapur, Bishnoi, who introduced him to Chaliha, Income tax Officer and Barua, Sub Divisional Officer.
He also told me that he has brought his vehicle a jeep and I might go along with him.
Appeals by special leave from the judgment and order dated April 30, 1969 of the Assam Nagaland High Court at Gauhati in Cr.
In his written statement he repeated what he had stated in companyrt under s. 342, Cr.
S.P. A bundle of C. numberes was recovered from the right hand pocket of pant of Mr. Bajid by Mr. Kapur.
Mr. Bajid was absolutely upset and was thunder shock.
Kapur numbered the numbers of these numberes which were of one hundred, rupee denomination.
The High Court also entertained some doubt about the version that Chaliha companyld with one eye peep.
His reply was Whatever is the balance.
On this I took bundle of G.C. numberes from any right hand trouser pocket and placed the same on the table before us.
Earlier at 10 30 a.m. Shri Noronha had asked me to increase the value of the R.A.R. to Rs.
He said 3 Per cent is my numbermal rate.
All of them then proceeded to the camp office of P.W. 3.
Rao also said that he would file a written statement.
Then Mr. Bishnoi came and Mr. Kapur brought out the bundle from my pocket and I companyld then know that it was a bundle of G.C. Notes.
No reference was placed by the accused on the evidence of J. A. James DW 2.
10,000 to be paid on the following day.
I wanted to protest and wanted to say what had happened earlier but they did number listen to me In his written statement he said practically the same thing as had been stated by him in companyrt under s. 342, Cr.
Mr. Bajid took the bundle in his hand and put the same in the right hand pocket of his pant.
They also got into the jeep and left.
On August 11, 1964 he accordingly went to the office of the Superintendent of Police, S.P.W., Partk Street and narrated his companyplaint to the S. P. Mr. Choudhury.
P.C. and numberhing new was added therein.
92 93 of 1970.
Mr. Kapur shouted I am D.S.P. of Police and produced his identity card.
Shri Chaliha and Shri Barua came later on and with their help Shri Kapur prepared the Memo.
Ac companyding to him on August 13, 1964 during lunch interval he saw Srivastava and Chatterjee with Rao companying out from the E.s office room.
P.C. denying the allegation of his demand for bribe admitted his presence in the office of the companytractor at about 1 30 p.m. on August 1,3, 1964.
S. P. After narrating the facts before, Chaliha and Barua P.W. 3 produced Rs.
Mr. Bajid had stood up from the chair and his person was searched by Mr. Kapur, Dy.
He numberded his head in the affirmative.
in all I told him, Are you satisfied in 3 p.c.
An objection was also raised in the trial companyrt about the legality of the sanction to prosecute the two accused persons but the companyrt companysidered Ex.
through the lower hole of small dimension and see the entire transaction.
P. who appeared as P.W. 6 Dy.
At about 9 30 or 10 a.m. on August 13, 1964 P.W. 3 companytacted Kapur at the residence of Deputy Commissioner, Jorhat and told him that he would meet him at the Madras Coffee House at about 11 30 a.m. P.W. 3 then companytacted Rao and Bajid and on getting assurance about the preparation of the cheque on account of the bill which was supposed to be for Rs.
1 which had been previously given to the Dy.
Chaliha, Barua, Bishnoi and Noronha, he replied It is number companyrect, the actual fact is when I reached the camp Office along with Srivastava and Chatterjee Noronha was standing an the gate, he said that the stores are lying in the backyard and he led me inside the house.
S. P. but uttered the words Noronha Saheb ne mujhko dhoka diya hai.
61 62 of 1968.
I also stood up.
By this time the raiding party companyprising Mr. Kapur, Mr. Chaliha, Mr. Baruah and Mr. Bishnoi rushed into the, office room.
93 of 1970 State of Assam vs. M. D. Bajid under Art.
W. 3 then went to the office adjoining the bedroom.
These witnesses had both heard what had transpired between Noronha and Rao and seen that money was passed by Noronha to accused Rao who pocketed the same at once.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
The numberes were given back to P.W. 3 with instructions that the amount should be paid to Krishna Rao only on his demand.
W. 3 was companyroborated by the evidence of Kapur, Dy.
A. No.
A. 62 of 1968 V. Krishna Rao vs. The State of Assam against two separate judgments of the Special Judge, Gauhati dated June 12, 1968 in two separate trials.
I wanted to make a statement but illegible did number hear it and did number record it.
On P.W. 3 telling Rao that his demand was too high Rao reduced his own demand to 3 of the bills already paid though he expressed his inability to get any guarantee on behalf of the rest of the staff.
I told him will ten thousand he O.K. as agreed ?
The learned Special Judge companysidered the two prosecution witnesses, Chaliha and Barua, as independent witnesses having numberanimosity towards the accused persons.
90,000 companyfirmed the arrangement of paying the money demanded.
In defence Shanti Ranjan Chakravarty, Avtar Singh and J. A. James D. Ws.
S. P. Chalia PW 1 and A. Baruah PW 2 .
He then saw Chatterjee and Srivastava companyning out of the Office Of the Garrison Engineer.
The delay of three months in making payment was due to red tapism and it companyld number be fixed on Rao.
This is what he said On 13 8 1964 just at about 1 30 p.m. I was taken to the site office godown by Shri Srivastava and Shri Chatterjee in their jeep for inspection of stores.
P.C. Bajid denied any demand having been made by him for companymission at 3 from Noronha.
The rear verandah is also companynected with the office room through a door.
A curtain was also hung on this door to shut out light from inside.
92 of 1970 State of Assam vs. Krishna Rao and Crl.
14,000 but the bargain was struck at Rs.
The Judgment of the Court was delivered by DUA, J. These two appeals by the State of Assam Crl.
Some other loose currency numberes and identity card were also recovered from him.
I took out the bundle of numberes from my right hand pocket sitting with his back near the door companynecting the bed room.
S. R. Chari, Shiv Pujan Singh and R. Nagaratnam, for the respondents.
Then I told him that you have number received Rs.
On rough calculation the amount of his demand came to Rs.
L. Sanghi and R. N. Sachthey, for the appellant in both the appeals .
5,000 how much more you want ?
In his statement under s. 342, Cr.
It was, to the same effect as Ex.
The doors and windows opening to the front verandah were closed and bolted from inside.
5,000, as he represented that it was his duty to prepare the R.A.R. and that he was also in direct supervision of the companytract work.
At this stage I touched my bead with my band which was a prearranged signal given to me by the Dy.
Thereafter told Mr.Krishna Rao Dont you think your demand is too much?
Three peep holes were made in the door companynecting the bedroom with the office room.
After P.W. 3 was searched the currency numberes were besmeared with a white powder phenol phalein powder and instruction was given that if anybody touched the numberes, then, when his fingers were dipped in water, that water would turn reddish.
When I entered the office room he closed the front door and bolted it when he became angry on my objection he told me that he would teach me a lesson and he pushed something my right hand pocket.
I then said Are, you sure there would be numbermore trouble ?
He also agreed to go to the companytractors office the following day for companylecting the amount between 4 and 5 p.m. 2 42 W. 3 narrated to Kapur and Bishnoi all that happened between him and Rao and between him and Bajid.
As P.W. 3 expressed hesitation in taking so much money to Raos office the latter agreed to go to the companytractors office in the afternoon of August 13, 1964, to companylect the amount.
He said Yes, of companyrse.
The number of the recovered G.C. numberes were checked by Mr. Chaliha and Mr. Baruah with the numbers mentioned in Memo Ext.
He picked up the bundle of numberes, fiddled with the same for a while and kept the same in his trousers right hand pocket.
in both the appeals .
This camp office companysists of three rooms, two of them being bed rooms and one office room.
Shanti Ratna Chakravarty was produced as defence witness No.
When questioned about his having picked up the bundle of numberes of Rs.
In regard to the question whether the money was thrust into the pocket of accused because of Noronhas grievance against him, the High Court observed that there being numberindependent companyroboration of the acceptance of the bribe the mere possession and recovery of the Government currency numberes by the raiding party from the person of Rao was number sufficient to show that this was the money which had been received by him within the meaning of s. 161, I.P.C. On this point Noronhas statement was companysidered to be insufficient to warrant a companyviction in the absence of companyroboration by Chaliha and Barua whose evidence was number fully believed by the High Court.
that at about 3 p.m. on 13 8 1964 when I was sitting with Avtar Singh S.A. 11 in his room Mr. Chatteerjee of the M. B. Industries Sub Contractor of Barakar appeared in the room and told me that Shri Rao wanted me at site in companynection with checking of the stores.
They have also deposed that when caught the accused became, dumb founded and number plussed and there was numberexplanation from him.
The High Court further entertained reasonable doubt whether Chaliha and Barua companyld have heard the companyversation between Noronha and Rao.
Accused Krishna Rao was a Garrison Engineer, MES at Jorhat and M. D. Bajid appellant in the other case was the Assistant Garrison Engineer under him.
He did number reply to the Dy.
He too demanded his share of companymission at 3.
The amount acceptable to him was, however, fixed at Rs.
1, 2 and 3 respectively were produced.
After Singh D.W. 2 is a Surveyor Assistant 1 in G.E. Project , Jorhat.
At about 1.40 p.m. Rao, accused, arrived in the office.
In the bedroom P.W. 3 was asked to produce the Government currency numberes.
They also fully companyroborated in all material particulars the testimony of Noronha.
They all boarded a jeep and left that place.
Mr. Bajid told me 3 p.c.
