VIJAY KUMAR BHANDARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 1.5.2004 passed by the Special Judge/First Additional Sessions judge, Raipur in Special Case No.01/2001 convicting the accused persons as under:

(2.) Case of the prosecution, in brief, is that on 1.8.2000 a complaint (Ex.P/1) was made by Manoj Jain, proprietor of Vidyshree Traders Rice Mill, to the Superintendent of Police, Lokayukt, Raipur against accused No.1 Vikay Kumar Bhandari, District Manager of Civil Supplies Corporation, Raipur, alleging therein that he had executed an agreement with Civil Supplies Corporation, Raipur for custom milling of 1400 MT paddy and submitted transporation as well as milling bill with the said corporation. According to the complainant, a total sum of Rs.44,918/- i.e. deduction in transporation bill of Rs.26,825/- and earlier deduction of Rs.18,153/-, was payable by the corporation to him and for payment of said amount, the District Manager (V.K. Bhandari) demanded illegal gratification of Rs.5000/- from the complainant. Since the complainant did not want to give bribe to V.K. Bhandari, he made the above complaint against him.

(3.) Based on the above complaint, initially FIR (Ex.P/32) under Crime No.0/2000 was registered against V.K. Bhandari on 1.8.2000 in Special Police Establishment of Bhopal at Raipur under Section 7 of the Prevention of Corruptoin Act, 1988 and later the numbered FIR bearing Crime No.127/2000 was registered against him vide Ex.P/33.