S R DHRUV Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence dated 29.7.98 passed by the Special Judge, Raipur in Special Case No.8/93 whereby learned Special Judge convicted the appellant under Sections 7 and 13 (1)(d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (for short 'the Act, 1988') and sentenced him to undergo Rl for 1 year and to pay a fine of Rs.1,000/- on both counts, with usual default stipulation.

(2.) The prosecution case, in brief, is that complainant Ganesh Ram Chandrakar's father Mr. Chandulal had 2 more brothers namely, Brijlal and Shriram. Their holdings were joint but they were in separate cultivating possession of their own share pursuant to a private partition. After the death of all the 3 brothers, the complainant's cousin Mohan, son of Brijlal, had also moved an application for separation of holdings. An order for separation of holdings was passed by the appellant on 18.6.1990. However, he wrongly allotted the lands bearing Khasra Nos.155, 295 part and 296 part, total area 0.360 hectares to Mohanlal even though the said lands were in possession of the complainant. On 14.9.1990, the complainant moved an application for correction/ modification of the order for which the appellant demanded illegal gratification of Rs.200/- and directed the complainant to hand over the amount in Tehsil Office, Baloda Bazar on 17.9.1990. The appellant's bench clerk Nand Kumar Sahu (PW-7) also demanded Rs.100/- for placing the file before the appellant.

(3.) The complainant moved written complaint before the SP, Special Police Establishment, Lokayukt, Raipur (for short 'Lokayukt') vide Ex.-P/2 on 17.9.1990, which was referred by the SP to Inspector Mr. CK Tiwari (PW-12) for further action. The Sub Inspector summoned 2 Panch witnesses namely, JZ Singh, son of Jakariya Singh, Deputy Assistant Veterinary Surgeon (PW-2) and Dr. SK Panigrahl, Assistant Veterinary Surgeon (PW-3). After verification of the complaint, Panch witnesses put their signatures and thereafter Dehati Nalishi (Ex.-P/14) was recorded. The complainant handed over 2 currency notes of 100 each to the Inspector, whose numbers were noted down in the preliminary inquest. Phenolphthalein powder was applied on the currency notes and the complainant was instructed to give signal after paying the bribe amount to the accused. Constable Ganesh Ram was also included in the trap team. The trap team started from Raipur at 15.45 hours and reached Baloda Bazar at 17.30 hours. The jeep was parked at some distance from Tehsil Office. The complainant entered the chamber of the appellant but he was not available, therefore, he kept waiting. After about 10 minutes, the accused came and enquired about the amount. The complainant was instructed to come to the dais on which the complainant went to the dais by using different door and handed over the amount to the appellant, which was received by him and he kept it on glass table top. The complainant came out and signaled the trap team and immediately thereafter the trap team reached and enquired from the appellant about the bribe amount. He informed the trap team that the notes are lying on glass table top.