DATARAM BANJARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 24th April, 2000 passed by learned Special Judge (Prevention of Corruption Act) and 1st Additional Sessions Judge, Raipur, in Special Case No. 59/1991, whereby and whereunder the learned trial Court, after holding the Appellant guilty of commission of offence under Section 161 of the IPC and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as "the Act of 1947") has sentenced him to undergo R.I. for l year with fine of Rs. 1000/- and in default of payment of fine, S.I. for 5 months for each of the offences, directing both the sentences to run concurrently.

(2.) Case of the prosecution, in brief, is that the Appellant while working as Panchayat Inspector in Block-Gourela, demanded illegal gratification of Rs. 150/- from complainant Jagatlal on 12-8-1986 and received the said amount and thereby committed the offences punishable under Sections 161 of the IPC and Section 5(1)(d) read with Section 5(2) of the Act of 1947. It is alleged that complainant Jagatlal, resident of village Bharri had planted fish seeds in the pond situated in Gram Panchayat Gangpur and he had taken the said pond on lease from one Kumar Sahab. Later on, the land was brought under ceiling and the pond was handed-over to Gram Panchayat Gangpur. When complainant-Jagatlal met Sapanch, he assured that as he has planted fish seeds in the pond, the contract would be given to him only. But, he was cheated and the contract was given to one Kanhaiya Lal. Having come to know about the same, the complainant submitted an application in July, 1986 to the Collector, Bilaspur, Panchayat Officer, Bilaspur and to the Appellant-Panchayat Inspector, Gourela. The Appellant-D.R. Banjare, Panchayat Inspector was entrusted with the enquiry. According to the complainant, initially the Appellant/accused, recovered Rs. 50/- from him but no enquiry was made and when the complainant again met the Appellant, he said that he will conduct enquiry only when complainant gives Rs. 150/-, whereafter, the complain ant submitted a report, Ex. P-2, in the office of DSP (Vigilance), who instructed Investigating Officer N. K. Heeradhar to arrange trap proceedings.

(3.) Thereafter, Inspector N. K. Heeradhar called witnesses and the complaint was read over to them. Thereafter, the currency notes of Rs. 150/- were taken from the complainant and phenolphthalein powder was smeared on it and thereafter, given to the complainant. Numbers of notes were recorded and kept in his pocket with instructions not to touch them. Pre-trap demonstration proceedings were also drawn and the entire proceedings were recorded in pre-trap panchnama, Ex. P-3. Thereafter, the trap team along with the complainant proceeded to Gourela by train and after having reached there, it is alleged that the complainant went to the office of the Appellant where he handed over the money and thereafter, the trap team arrived at the spot. At the instance of the Appellant, the bribed money i.e. Rs. 150/- was recovered from under the table cloth of his office table. The same was seized vide Ex. P-4. Proceedings register of Gangpur along with other documents relating to demand of enquiry and statement relating to enquiry in the matter of the complaint concerning award of contract of pond were seized vide Ex. P-5. Panchnama of trap was prepared vide Ex. P-6. Map of the spot was prepared in Ex. P-10. Some other currency notes kept with the Appellant was also seized vide Ex. P-11 and dehati nalishi was also recorded in Ex. P-12. FIR was lodged in Ex. P-13 alleging commission of offence under Section 161 of IPC and Section 5(1)(d) read with Section 5(2) of the Act against the Appellant in the Special Police Establishment. Seized articles, which included hand wash alleged to be sealed in separate bottles at different stages of trap proceedings along with other articles including currency notes were sent for examination to Forensic Science Laboratory (FSL) vide Ex. P-14 and the expert opinion was sent by FSL to Superintendent of Special Police Establishment, Lokayukt, Bilaspur videEx. P-15. On the basis of material, sanction for prosecuting the Appellant for alleged commission of offence under Sections 161, IPC and Section 5(1)(d) read with Section 5(2) of the Act of 1947 was granted by the State of M.P. vide its order dated 2-5-1990 (Ex. P-l). After completing usual investigation, which included the case diary statements of prosecution witnesses, charge-sheet was filed on 31-8-1990 before Sessions Judge, Bilaspur, whereafter the records were transferred to the Court of Special Judge (1st Additional Sessions Judge), Raipur for disposal according to law.