INDU BHUSAN CHATTERJEE vs STATE OF WEST BENGAL( 1 ) JAFER IMAM, J. : The High Court of Calcutta certified under Art. 134 (1) ( c) of the Constitution that the case before us was a fit one for appeal to this Court. The ground for the granting of the certificate, as stated by the High

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1957 Supreme(MP) 217

B.P.SINHA, S.J.IMAM, J.L.KAPUR
INDU BHUSAN CHATTERJEE – Appellant
Versus
STATE OF WEST BENGAL( 1 ) JAFER IMAM, J. : The High Court of Calcutta certified under Art. 134 (1) ( c) of the Constitution that the case before us was a fit one for appeal to this Court. The ground for the granting of the certificate, as stated by the High – Respondent

Advocates Appeared:
D.N.MUKHERJI, P.K.BOSH, P.K.GHOSH

( 2 ) THE appellant was convicted under S. 5 (2) of the Prevention of Corruption Act, 1947 (Central Act II of 1947), hereinafter referred to as the Act, and under S. 161 of the Indian Penal Code by a Special Judge who sentenced him under S. 161 to undergo rigorous imprisonment for three months and to pay a fine of Rs. 500 in default to suffer further rigorous imprisonment for one month. No separate sentence was passed under S. 5 (2) of the Act. He unsuccessfully appealed to the High Court against his conviction and sentence.

( 3 ) THE charges framed against the appellant under S. 161 of the Indian Penal Code, in sub-stance, stated that on or about 12-5-1952, he had accepted Rs. 100 as illegal gratification from V. S. Doraiswamy as a motive or reward for doing an official act and showing in the exercise of his official functions favour to Doraiswamy in seeing that a speedy and favourable settlement of the claim cases preferred by him against the Bengal Nagpur Railway, subsequently the Eastern Railway. The charge under S. 5 (2) of the Act which related to the same transaction stated that the appellant had accepted the aforesaid sum of Rs. 100 by corrupt or illegal means or by otherwi

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