Girja Prasad (Dead) By Lrs vs State Of Madhya Pradesh

2. Shortly stated, the facts are that the appellant (Girja Prasad) was working as Lower Division Clerk (LDC) in the Office of Divisional Ayurved Chikitsa Adhikari, Jabalpur Division, Jabalpur. It was the case of the prosecution that on September 20, 1983, Ramanarain Rajoria, Divisional Ayurved Chikitsa Adhikari, Jabalpur Division, Jabalpur (PW 4) paid surprise visit to Ayurvedic Chikitsalaya, Dindori, District Mandla and found that several members of the staff were absent including the Ayurvedic Chikitsak himself. Consequently, he locked the Ayurvedic Chikitsalaya and returned to Jabalpur. Ramnarain Rajoria was accompanied by the accused Girja Prasad Gupta. On September 27, 1983, the complainant Anup Kumar (PW 1) came to Jabalpur and informed to the Divisional Ayurvedic Chikitsa Adhikari that he was on casual leave from September 7, 1983 to September 11, 1983. He also stated that he had submitted an application for extension of leave upto September 23, 1983 but the same was not available in the Office of Divisional Ayurvedic Chikitsa Adhikari, Jabalpur. On the same day, the Divisional Ayurvedic Chikitsa Adhikari went to Dindori and opened the lock of the Ayurvedic Chikitsalaya. It is alleged that PW 4- Ramnarain Rajoria asked the complainant that either he should pay an amount of Rs.500/- through accused Girja Prasad or should suffer suspension. The case of the prosecution was that Anup Kumar paid Rs.300/- on the same day to accused Girja Prasad at Dindori and assured him to pay the remaining amount of Rs.200/- on October 5, 1983 at Jabalpur.

3. According to the prosecution, PW1- complainant Anup Kumar was not willing to pay the remaining amount of Rs.200/- to the Divisional Ayurvedic Chikitsa Adhikari. He, therefore, lodged a complaint in writing in the office of Lokayukt at Jabalpur. In the said complaint, it was stated that the complainant wanted the corrupt officer to be caught red- handed. One J.M. Wadhwa (PW 8), an Assistant Engineer from P.H.E.D., a Gazetted Officer agreed to act as trap witness. The complainant and Wadhwa were asked to come on the next day i.e. on October 5, 1983 for arranging a trap. Accordingly, on October 5, 1983, the complainant Anup Kumar reached the Office of Lokayukt at 11.00 a.m. He was asked to bring the accused in a hotel so that he may be caught red-handed accepting the bribe. Two currency notes of Rs.100/- denomination each were kept in the pocket of the complainant duly treated with chemical powder and he was informed about the special signal after giving bribe to the accused, so that the accused can be caught. The complainant got back to the Lokayukt Office and informed the trap-party that the accused had promised to come to Narmada Restaurant at 5.00 p.m. At 5.00 p.m., the complainant came with the accused in the restaurant and sat near the table of Wadhwa, panch witness, who was intimated about the currency notes treated with chemical powder. The accused then asked the complainant as to whether he had brought the amount. The complainant replied in the affirmative, took out two currency notes with his right hand and gave them to the accused. The complainant immediately gave signal to the trap party. Inspector of Special Police Establishment, S.K. Tiwari (PW 10) and Wadhwa (PW 8), Gazetted Officer who was associated with the trap party reached near the accused and asked him where the money was. The accused told them that the money was in the pocket of his shirt. The hands of the accused were washed in the solution of the sodium carbonate and liquid became matmaila. The pocket of the shirt of the accused was separately washed in the solution of the sodium carbonate and the liquid again became matmaila. A panchnama of the proceedings was drawn. Another panch was Jawahar Soni (PW 6). Liquid of the hand-wash and pocket-wash of the accused was separately sealed in two bottles and was sent to the Forensic Science Laboratory. On analysis, it was found by the Chemical Examiner that the pocket- wash of the shirt of the accused was having traces of phenolphthalein powder. Sanction for prosecution of the accused was granted by the State Government. Charge sheet was submitted before the Special Judge. Investigation was conducted and the accused was charged for offences punishable under Section 161, IPC and Sections 5(1)(d) and 5(2) of the Act.

5. It may be stated that at the trial, both the Panch witnesses-Jawahar Soni-PW 6 and Wadhwa-PW 8 did not support the prosecution and were treated hostile. The fate of the case, therefore, hanged on two witnesses, PW 1-Anup Kumar-Complainant and PW 10-S.K. Tiwari-Inspector of Special Police Establishment. The Trial Court negatived the contention of the accused that sanction was not in accordance with law and the trial was vitiated. The Court, however, acquitted the accused holding that both the Panchas did not support the case of the prosecution. According to the prosecution, it was PW 4-Ramnarain Rajoria, the Divisional Ayurvedic Chikitsa Adhikari who had asked the complainant to pay Rs.500/- to the accused that the complainant paid the said amount to him. The Trial Court, therefore, concluded that the money was to be paid to PW 4-Ramnarain Rajoria who was not arrayed as accused and against whom no proceedings had been initiated.

9. On August 2, 2002, notice was issued by this Court. On September 2, 2002, leave was granted and the accused was ordered to be released on bail. The matter was thereafter placed for final hearing.

10. On August 1, 2007, when the matter was placed before us for final hearing, it was stated that during the pendency of the appeal, Girja Prasad (original appellant-accused) died. It was stated that Smt. Munni Bai, widow of deceased Girja Prasad had filed an application under proviso to sub-section (2) of Section 394 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) to allow her to continue the appeal by seeking leave of this Court. The said provision confers right on near relatives of the accused who is convicted and sentenced to imprisonment and who dies during the pendency of the appeal to continue the appeal in certain cases by applying to the Court within thirty days of the death of the appellant. Such application was filed by Munni Bai. The Registry of this Court, however, raised an objection that there was delay of 149 days in filing the application. After hearing learned counsel for the parties, we condoned delay, granted the prayer of applicant-Munni Bai and allowed her to continue the appeal. We, thereafter, heard learned counsel for the parties.

Thus from the above evidence from Anup Kumar, it becomes clear that Anup Kumar entrusted Rs.200/- to the accused so that accused Girja Prasad may give it to Shri Rajoria.

(2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate Court on the evidence before it may reach its own conclusion, both on questions of fact and of law;

(5) If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.

32. For the foregoing reasons, the appeal deserves to be dismissed and is accordingly dismissed.