HEERA DEVI CHANDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD .

(2.) THIS appeal arises out of judgment of conviction and sentence dated 19.1.98 passed by Special Judge and First Additional Sessions Judge, Bilaspur in Special case No.09/94, whereby and whereunder, the deceased appellant was convicted under Section 7 of the Prevention of Corruption Act, 1988 sentenced to undergo R.1. for six months, fine of Rs.500 in default, S.1. for three months and under Section 13 (1) (d) r/w Section 13 (2) of the Prevention of Corruption Act, 1988, sentenced to undergo R.1. for one year, fine of Rs.500, in default, S.I. for three months.

(3.) THE case of the prosecution is that the complainant was posted and working as Health Assistant in Primary Health Centre, Jaijaipur where the deceased appellant was posted as Accountant. Though increments were due to the complainant on 17.5.91 but the deceased appellant was not making the entries with regard to the increments due to which, an application was submitted by the complainant to the Block Medical Officer who marked the application to the deceased appellant. In September 1991, the complainant was told that the increments have been recorded and towards release of increments of Rs.150 as arrears of three months, demand of Rs.50 was made by the deceased appellant on 4.10.91. On such demand made, the complainant filed a complaint (exhibit P2) in the office of Special Police Establishment, Lokayukt. After receipt of complaint, independent panch witnesses were summoned, the complaint was verified and endorsed. Thereafter, demonstration of mixture of Sodium Carbonate and Phenolphthalein was made in presence of the panch witnesses. Thereafter, the Phenolphthalein powder was smeared on the currency0 note of Rs.50. Proceedings were recorded in pre-trap panchanama (Annexure P3). Currency note was kept in the pocket of the complainant with instructions and thereafter, trap was laid on that very day i.e. on 9.10.91 in the Primary Health Centre, Jaijaipur where complainant gave currency note of Rs.50 which was accepted by the deceased appellant. The members of the trap team arrived at the spot and Rs.50 was recovered from his possession. Hands of the deceased appellant were washed as also members of the trap team were washed and hand wash were separately sealed. Trap panchanama was prepared in Exhibit P9. FIR (Exhibit P15) was lodged and Crime No. 120/91 was registered. Seized currency note and hand wash sealed in bottles were sent to forensic laboratory vide covering memo (Exhibit P16) on which, FSL report (Exhibit P17) was received, in which, the hand wash of the deceased appellant was found containing traces of Phenolphthalein. Sanction for prosecution was obtained vide order dated 24.1.94 (exhibit P11). Charge-sheet was filed in the Court of Special Judge, Bilaspur. On the basis of material contained in the charge sheet, the learned trial Court framed charges alleging commission offences as described above. The deceased appellant was put to trial.