JUDGMENT

1. Leave granted.

2. Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Jharkhand High Court.

Two appeals were filed by the present appellant and one Nag Narain who was accused no.2 questioning correctness of the judgment dated 4th December, 1997 and order of sentence dated 16.12.1997 passed by the Special Judge, CBI, Ranchi in R.C. case No.15 of 1998. Learned Special Judge held the appellants guilty of offence punishable under Sections 120B and 161 of the Indian Penal Code, 1860 (in short the `IPC') and also under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 (in short the `Act'). Each of them was sentenced to undergo RI for one year and to pay a fine of Rs.5,00/- with default stipulation.

3. Prosecution version as unfolded during trial is as follows:

A written complaint was made to S.P. CBI, Dhanbad on 1.9.1985 by one Raju Hadi, Safayi Mazdoor of Pathological Laboratory Area-9, BCCL, Dhanbad alleging therein that he had visited Chamodih Dispensary in connection with treatment of his father Sri Hublal Hadi who was examined by Doctor L.B. Sah, who referred him to Central Hospital, Dhanbad.

Hublal Hadi was admitted in Bed No.16 ENT Department of Central Hospital on 29.8.1985. Raju Hadi had been to the hospital on 31.8.1985 to see his ailing father and his ailing father complained of lack of proper treatment and he requested him to meet the concerned doctor, Raju Hadi ascertained that his father was under the treatment of Dr. R.R.S. Seth, the appellant. He requested Nag Narain to allow him to meet Dr. R.R.S. Seth and met Dr. R.R.S. Seth, who demanded a sum of Rs.500/- from him for giving proper medical treatment to his father and also insisted that the amount be paid on 1.9.1985. The doctor also told Raju Hadi that in case he was not available in the hospital, he would pay the amount to his ward boy Nag Narain, who would pass the amount to him. Since Raju Hadi was not willing to make the payment of bribe amount to the doctor and ward boy, he lodged a complaint to the S.P. CBI, Dhanbad for taking necessary action.

On the basis of complaint, verification was made and on getting confirmation report, Sri R.C. Choudhary, Inspector, registered the complaint on 1.9.1985 and took up the investigation. The I.O. obtained the services of the two independent witnesses Devraj Prasad Sinha (PW-2) and Ved Prakash Pahuja (PW-1). These two independent witnesses reported before Shri R.C. Choudhary in the office of the CBI. Thereafter members of the CBI formed a raiding party and this party also assembled before him. After formal introduction of each other, the purpose of assembly was explained and practical demonstration regarding the purpose and use of phenolphthalein powder and chemical reaction with sodium carbonate was given in the immediate presence of two independent witnesses and the members of raiding party. After demonstration was over, the informant Raju Hadi was asked to produce a sum of Rs.500/- (five G.C.C. notes of rupees one hundred denomination each) and he produced the same and numbers of these notes were noted down and these G.C.C. notes were tainted with phenolphthalein powder and handed over to Raju Hadi. The informant was directed to pay the amount to the accused only on demand.

Instructions were also issued to the witnesses and the members of the raiding party to play their respective parts before and after trap. All these practical demonstrations were noted down and demonstration chart was prepared on which all the members of the raiding party made their respective signatures. After pre-trap formalities, PW3 and others members of the team including independent witnesses proceeded towards Central Hospital and PW2 was directed to shadow PW3 and to hear conversation in between the PW3 and the appellants. When they reached Central Hospital and went to the chamber of appellant Dr. Seth, chamber was found locked but informant met other appellant Nag Nara