MOHAMMAD HANIF Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29.3.2004 passed by the 1st Additional Sessions Judge and Special Judge under the Prevention of Corruption Act, 1988 (henceforth 'the Act of 1988'), Surguja at Ambikapur in Special Criminal Case No.1 of 2003 convicting and sentencing accused/Appellant Mohammad Hanif as under:

(2.) During pendency of the instant appeal, accused/Appellant Mohammad Hanif died and in compliance of the order dated 19.9.2016 his above-named three legal representatives have been brought on record to prosecute the present appeal.

(3.) Case of the prosecution, in brief, is that on the relevant date and time, accused/Appellant Mohammad Hanif (dead) was working as a Patwari of Patwari Circle No.24 at Village Pondi (Bachara), R.I. Circle Khadgawan, Tahsil Manendragarh, District Korea. Complainant Rajendra Jaiswal (PW12) was an agriculturist of the said area. He wanted to obtain certified copy of Khasra and B1 of his agricultural land bearing Khasra No.1565 and 1566. For this, he made contact with the accused. The accused demanded Rs. 800/- from him and also obtained Rs. 500/- immediately from him and asked him to come along with remaining Rs. 300/- at his residence at Village Pondi on 17.4.2002. Since he did not want to give the money to the accused, he made a written complaint (Ex.P3) before J.K. Thorat (PW3), Superintendent of Police, Lokayukt. He forwarded the complaint (Ex.P3) to S.K. Bramhe (PW15), Deputy Superintendent of Police. S.K. Bramhe (PW15) verified the complaint. Thereafter, he recorded First Information Report (Ex.P7). Panch witnesses P.N. Jangde (PW8) and Ravindra Kumar Singh (PW14) were called through Protocol Officer R.K. Sahu. Both the panch witnesses reached in the office of Lokayukt on 16.4.2002 where they met with the Complainant and verified his complaint (Ex.P3). The Complainant submitted 3 currency notes in the denomination of Rs. 100/- each. Preliminary panchnama (Ex.P11) was prepared in which numbers of those 3 currency notes were noted. Those notes were smeared with phenolphthalein powder by Constable Dhaniram (PW1). The tainted currency notes were kept in the right pocket of the pant of the Complainant. A demonstration was also given regarding trap proceedings. Different solutions of sodium carbonate were also prepared. One tape-recorder and one cassette were also given to the Complainant and he was instructed to record conversation in the said tape recorder. On 17.4.2002, in the midnight, the trap party proceeded for the house of the accused. They reached Village Pondi in the morning at about 9:00 9:30 a.m. The Complainant was asked to get down of the vehicle first. Thereafter, other members of the trap party took their places as already discussed between them. The Complainant went to the house of the accused. There, 2 people were sitting and talking with the accused. After their coming out, the Complainant entered the room of the accused. The Complainant demanded copies of Khasra and B1 of his agricultural land from the accused. The accused asked him about the bribe money of Rs. 300/-. The Complainant took out the tainted money of Rs. 300/- and gave the same to the accused. The accused received the money in his hand and kept the same in his vest (baniyan). The Complainant came out and gave a signal to the trap party. The trap party entered the room of the accused. They caught the accused. The accused took out the tainted money from his vest and gave the same to the trap party. A test of reaction of phenolphthalein powder smeared on the currency notes was conducted by using different solutions of sodium carbonate in which colour of all the solutions turned into pink on washing hands and vest of the accused and on dipping the tainted notes. Numbers of the tainted notes were compared with the numbers already noted in the preliminary panchnama (Ex.P11). The numbers matched. The micro cassette was seized from the Complainant vide Ex.P15. Transcription (Ex.P14) of the conversation recorded in the cassette was prepared. The documents B1 and Khasra Naksha which were given by the accused to the Complainant were seized from the Complainant vide Ex.P16. A panchnama of the complete proceedings was prepared vide Ex.P17. The used solutions and the seized currency notes were sent to the FSL vide Ex.P4. FSL report is Ex.P28. The report is positive. Necessary sanction (Ex.P22) for prosecution of the accused was obtained from the sanctioning authority. Numbered First Information Report (Ex.P21) was registered. On completion of the investigation, a charge-sheet was filed against the accused for offence punishable under Sections 7, 13(1)(d), 13(2) of the Act of 1988 followed by framing of charges against him under the same provisions.