RAMESHWAR LAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this Criminal Appeal, challenge is levied to the judgment of conviction and order of sentence dated 29.04.1999 passed by the Special Judge, Rajnandgaon in Special Criminal Case No.06/92 whereby and whereunder the appellant has been convicted and sentenced as under:-

(2.) It is admitted by the appellant that he was the Patwari at Village Kopedih. PW2 Jailal had given him one paper at village Tumdibod signed by Rohit and Preetam. The partition of ancestral property had been made between Complainant Ghanalal Lodhi, his sister Bedan Bai, his brother Jailal and his mother Sanai Bai. One register was seized from his house by seizure Ex.P9. From his house Rin Pustika was seized by Ex.PlO. On 22.06.1989 complainant Ghanalal had given him Rs.350.00 in hotel at Dongargaon.

(3.) In brief the prosecution story is that in the year 1989 appellant had demanded from the complainant Ghanalal Lodhi Rs.350.00 as bribe to separate holding. When the complainant Ghanalal Lodhi told him to give income certificate then the appellant told him to first bring the said money then he will sign on the income certificate of his son. He had told him to bring the said money on 22.06.1989. Appellant had given an application on 22.06.1989 to Deputy Superintendent of Police Lokayukta, Raipur. On very day Dehati Nalishi was registered. A trap party was constituted consisting of Complainant Ghanalal Lodhi. Deputy Collector S.L.Dagla, Legal Assistant Raipur B.S.Bais, Deputy Superintendent of Police and Special Police Establishment R.S.Uikey, Inspector C.K.Tiwari, Inspector B.I.R. Naidu, Head Constable Mannulal, Shadow witness Panchram. Complainant Ghanalal Lodhi had brought Rs.350.00 out of them three notes were ofRs.100.00 denomination, one was of Rs.50.00 denomination, bearing following numbers -