PRAMOD KUMAR LAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is directed against impugned judgment of conviction and sentence dated 27/07/98 passed by the Special Judge, Raipur in Special Case No.04/93 whereby the appellant has been convicted and sentenced as described below - <FRM>JUDGEMENT_11_LAWS(CHH)3_2015_1.html</FRM>

(2.) Briefly stated, prosecution story is that at the relevant time, when the appellant was posted and working as Assistant Veterinary Surgeon at Mahasamund, complainant - Devkumar Sahu (PW4) submitted a complaint in the office of Lokayukt, Raipur vide Ex.P/4 on 21/08/87 in which, it was stated that the complainant was required to get cattle purchased through bank loan, insured with the insurance company and for that, he needed cattle fitness certificate.

(3.) The appellant demanded Rs.500/- for issuing insurance certificate and on his insistence, though he issued certificate, but has been continuously demanding Rs.500/- from him on the threat that he will not treat his cattle. In the complaint, it was further stated that on 15/08/87, when the complainant met the appellant near railway crossing, he demanded Rs.200/- with the condition that remaining amount may be deposited later on and as he is not willing to give bribe, report is being lodged. The officer instructed a subordinate police inspector - Pothiram (PW2) to take necessary steps and two independent witnesses, V.K.Jain (PW5) and S.K.Singh (PW15) were called to verify the complaint. Thereafter, a pre-trap panchanama of collecting currency notes from the complainant, demonstration of reaction of phenolphthalein powder with sodium carbonate solution was prepared vide Ex.P/5. Tainted currency notes were kept in the pocket of the complainant with instructions not to touch it before handing it over to the appellant. The prosecution witnesses were also instructed to remain near and around the complainant and overhear conversation.