50/ as illegal gratification from P.W. 1 Chinnasamy Udayer on 6 4 1965 as a motive of reward for companynter signing fifty ownership certificates issued by the Karnams of Periavadagarai and Vembavoor villages.
The accused desired P.W. 1 to companye some other day, week later P.W. 1 again companytacted the accused at his house and handed over all agreements with a request to companynter sign them.
On April 6, 1965 at about 7 a.m., P.W. 1 again went to the house of the accused and reiterated his request to companynter sign the agreements.
In or about 1963, P.W. 1 and 49 other villagers, who were amongst those who had already applied for permission to install pumpsets, executed agreements in favour of the Superintending Engineer, Tiruohiralpalli Electricity System, by which they agreed to abide by the terms and companyditions of supply of electric energy.
On February 9, 1965 he also obtained the companynter signatures of the Revenue Inspector, Vengalam in those applications.
50/ to be paid to him as illegal gratification for companynter signing the agreements.
P.W. 1 after his return from the room in Perambalur where he was staying drafted the companyplaint Ex.
The accused enquired of P.W. 1 as to how many agreements had to be companyntersigned, and on being informed that there were 60 agreements, accused informed P.W. 1.
All the numberes were marked P.W. 6 along with P.W. 2 Elango and P.W. 1, went to the place where the accused was staying.
The accused left his house and proceeded to the Post Office followed by P.W. 1.
This refusal by the accused had led to a very heated exchange between them.
P. 52 and handed it over to P.W. 6 Ami Corruption Officer P.W. 6 was the Deputy Superintendent of Police Vigilance Anti Corruption Coimbatore, who was then camping at Tiruchirapalli.
He has also stated therein that P.W. 1 will be meeting the accused at 1 P.M. and pay the amount of Rs.
P.W. 6 required the accused to produce the bribe amount of Rs.
In Ex.
After the arrival of those witnesses, P.W. 6 received from P.W. 1, five ten rupee numberes, which were intended to be given to the accused as bribe.
P.W. 6 on receipt of this companyplaint, sent for P.W. 2, Commercial Tax Officer one Elango, Section Officer, Highways, Tiruchirappalli, to act as panch witnesses.
that companynter signing will be done only if a sum of rupee one for each agreement is paid.
P.W. 1 and other villagers, who had executed the agreements were required by the Electricity Department to get certificate from the village officers, companynter signed either by the Tehsildar or the Deputy Tehsildar, regarding the ownership of wells by them For this purpose agreements were returned to those parties.
On getting a reply in the affirmative, the accused received the amount from P.W. 1 and put it in his pocket on the left side of his shirt.
The case for the prosecution in brief was as follows The accused was at the material time the Deputy Tehsildar, Headquarters at Perambalur.
50/ and took leave of the accused.
The accused took out from his shirt pocket, the currency numberes and produced them and handed them over to P.W. 6 in the presence of P.W. 2 and the Post Master.
The accused also received the agreements and kept them on his table.
P.W. 1 promised to meet the accused at about 1 P.M. that day with the agreements and the amount of Rs.
The number of the currency numberes tallied with the numbers, which had already been numbered.
P. 52 he had referred to the circumstances under which he met the accused the demand made by him for payment of Rs.
P.W. 1 went to the house of the accused with the marked currency numberes and with 50 agreements between 1.45 and 2 P.M. P.W. 1 was received by the accused, who made inquiries whether the amount has been brought.
2 and 6 about the accused going to the Post Office after having taken the marked numberes.
As early as in 1962 P.W. 1 and about 100 other villagers of Perhavadakarai had presented application to the Electrical Supervisor, Krishnapuram for permission to install pump sets in their wells.
P.W. 1 obtained and companylected all the agreements so returned from his companyvillagers and obtained, in the first instance the necessary certificate of ownership of wells from the local Karnam.
50/ as required by him.
P.W. 1 gave the necessary signal and informed P.Ws.
The charge against the appellant was that he as Deputy Tehsildar, Perambalur, accepted a sum of Rs.
The police party stopped a little away from the house of the accused and P.W. 1 was required to go and give the amount to the accused and he was also further desired to give the necessary signal as soon as the amount was paid.
The accused informed P.W. 1 that he has to go to the Post Office nearby to answer a telephone call and desired P.W. 1 to go and meet him in the evening so that he companyld take back the agreements, which would be kept ready after companynter signature.
A. Vaidialingam, J. In this appeal by special leave, the State of Madras challenges the judgment and order dated January 8, 1968, of the High Court of Madras, reversing the companyviction of the accused, respondent, by the Special Judge and in term acquitting him of the offences Under Section 161 of the Indian Penal Code and Section 5 2 read with Section 5 1 d of the Prevention of Corruption Act, 1947.
2 and 6 followed the accused to the Post Office.
P.W. 1 took the agreements together with the certificates obtained from the local Karnam to the accused for obtaining his companynter signatures in all the applications.
50/ received from P.W. 1.
At that time, P.W. 1 did number have the agreements but promised to bring them later.
That means the accused demanded a sum of Rs.
The accused refused to companynter sign them saying that he companyld number do anything that day and threw away the papers which were on the table, P.W. 1 took back the agreements and went away.
