SONELAL TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) On the death of the sole appellant normally this appeal would have got abated. But the appellant's widow Smt Krishna Bai applied for resuscitation of the appeal presumably because she was not inclined to bear the stigma fastened on her late husband with the finding of the High court that he was guilty of corruption charge. Hence, she availed herself of the remedy envisaged in the proviso to Section 394 (2 of the Code of Criminal Procedure and applied for leave to continue the appeal. Leave was granted after condoning the delay involved in making the aforesaid application.

(2.) The appellant was accused in a case tried by a Special Judge for the offence under Section 5 (2 of the Prevention of Corruption Act, 1947. He was acquitted of the said charge by the trial court but was convicted by thehigh court on an appeal filed by the State in reversal of the finding of the trial court. He was sentenced to rigorous imprisonment for three months and a fine of Rs 500. He preferred the present appeal by special leave.

(3.) The appellant was a Revenue Inspector. The nub of the case against him was that he wangled a bribe of Rs 50 from one Sewa Ram (Public witness 1 for performing an official act, but the appellant was caught red-handed in a trap laid by the police.