LAWS(CHH)-2009-9-20

NARMADA PRASAD DUBEY Vs. STATE OF M.P

Decided On September 15, 2009
NARMADA PRASAD DUBEY Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment of conviction and order of sentence dated 25 th November, 1992 passed by the learned Special Judge, Bilaspur in Special Criminal Case No. 3/1985, whereby the learned Special Judge has convicted the Appellant for commission of offence punishable under Section 161 of the IPC and Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1947 (for short the "Act of 1947) and sentenced him to undergo R.I. for 1 year and to pay a fine of Rs. 1000/-, in default of payment of fine to further undergo S.I. for 3 months under Section 161 of the I.P.C. and R.I. for 1 year and fine of Rs. 1000/-, in default of payment of fine to further undergo S.I. for 3 months under Section 5(1) (d) read with Section 5 (2) of the Act of 1947 with a further direction to run both the sentences concurrently.

(2.) THE prosecution story, in brief, is that on 5.11.1982 Kushal Singh P.W. 7 lodged a report that on 4.11.1982 when he was returning along with Budhwar Das after watching the movie, he was assaulted by Umend Das Panka by knife. Police recorded rojnamcha sanha No. 108 on 5.11.1982 and sent him for medical examination. After receiving medical report, police registered case under Section 324 of the IPC, but did not investigate the matter. THEreafter, Veer Singh (P.W. 2), brother of the injured - Kushal Singh, on 10.11.1982 approached the Appellant, who was the in-charge of P.S. Bankimongara and was responsible for conducting further investigation of case lodged by Khushal Singh. Appellant demanded illicit gratification for taking further action in the case. Veer Singh made a complaint to the Commissioner Bilaspur and on his complaint trap was arranged by late Shri C.P. Shukla, the then D.S.P. Lokayukt. THE trap was conducted in the presence of witnesses P.D. Chandaiya (P.W. 5), Brij Bihari Mishra (P.W. 13), Ramayan Singh (P.W. 3), Budhram (P.W. 6), Shivratan (P.W. 8), R.S. Bhoi (P.W. 9) Shankar Singh Gour (P.W. 10), I.B. Singh, M.K. Hiradhar (both not examined). In trap proceedings, one currency note denomination of Rs. 100/- was obtained from Veer Singh and the same was treated with phenolphthalein powder. THE number of note was noted in Preliminary Panchanama, Ex.P-2, and the same was kept in the shirt's pocket of complainant. THEy also instructed complainant not to shake hands with anyone and give the said currency note to the Appellant on demand. THE complainant was also instructed that after giving the money to the Appellant he will give signal to the trap party by keeping his hands over his head. Necessary demonstration of chemical reaction of phenolphthalein powder with solution of sodium carbonate was conducted and necessary formalities of taking those solutions under sealed condition were also done. Whole proceedings were recorded in preliminary Panchnama, Ex.P-2 with the signatures of complainant and witnesses. Trap party after doing necessary formalities went for conducting trap along with Veer Singh and reached Bankimongara.

(3.) ON oral instructions given by S.P., the matter was further investigated by Shankar Singh Gour (P.W. 10), Inspector (Vigilance), who recorded statements of some witnesses under Section 161 Code of Criminal Procedure and completed the investigation. After completion of investigation and after obtaining necessary sanction from the competent authority charge sheet was filed in the Court of Special Judge, Bilaspur.