RAM KUMAR VERMA Vs. STATE OF M P

JUDGEMENT

(1.) BY this appeal, the appellant has challenged the legality, validity and propriety of the judgment of conviction and order of sentence dated 28. 2. 1992 passed by the Fourth Additional sessions Judge and Special Judge, Raipur, in Special Criminal Case No. 5/86 whereby and where under learned Fourth Additional sessions Judge and Special Judge after holding the appellant guilty for commission of offence punishable under Section 161 of the indian Panel Code and Section 5 (i) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1947 (in short 'the Act, 1947'), sentenced him to undergo rigorous imprisonment for 2 years and to pay a fine of rs. 500, in default of payment of fine to further undergo rigorous imprisonment for 3 months on each count.

(2.) JUDGMENT of conviction and order of sentence is challenged on the ground that without there being an iota of evidence, learned Fourth Additional Sessions Judge and Special Judge has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) CASE of the prosecution in brief is that the present appellant was Patwari and was public servant. Complainant Ratnu (PW4)was need of Rin Pustika. He contacted the appellant and requested for Rin Pustika. The appellant demanded Rs. 700. The complainant was not interested to pay bribe. He went to the Vigilance Department, Raipur and filed written complaint (Ex. P1) on 16. 4. 85. After preliminary inquiry about the truth of the complaint by Lokayukt Madan gopal (PW1), Superintendent of Police, Special Police Establishment. Madan Gopal has authorized S. S. Thakur (PW8) Deputy Superintendent of Police for conducting the raid. He called two independent witnesses mehbood Ali Khan and Motiram Bhardwaj on 16. 4. 85. He handed over the complaint made by Ratnu (PW4) to them. They read over and also made inquiry from the complainant. Investigating Officer directed the complainant to produce Rs. 700. He produced 14 currency notes of Rs. 50. Numbers of notes were recorded in preliminary panchnama. Notes were tainted with phenolphthalein powder and after search they were kept in the pocket of the complainant after covering the same in a paper. Reaction of sodium carbonate and phenolphthalein chemical were demonstrated. The complainant was directed to pay the said money on demand to the accused and give signal. Preliminary Panchnama (Ex. P3) was prepared. Trap party proceeded for the spot. At about 5 p. m. trap party reached village auradabhari where the appellant was residing. Complainant Ratnu (PW4) went to the house of the accused where the accused demanded Rs. 700 as bribe. The complainant gave Rs. 700 which was kept in his pocket. After taking the money, the accused kept the same into his pocket of full pant and hanged pant on the wall. After receiving signal, trap party entered into the house of the accused and after introducing themselves inquired into the matter. His hands were washed with solution of sodium carbonate which turned into pink colour. Same was sealed and seized. 14 currency notes of rs. 50, total Rs. 700 was recovered from the pant of the accused vide Ex. P4. Numbers were tallied with the preliminary panchnama (Ex. P3) and were recorded in seizure (Ex. P4 ). Pant of the appellant was also seized vide Ex. P5. Revenue document relating to Form B1 was also seized from the complainant vide Ex. P6. Revenue document relating to the complainant was also seized from the accused vide Ex. P7 Pocket of pant and currency notes were washed in sodium carbonate solution which turned into pink colour. Same was sealed and seized. Final panchnama was prepared vide ex. P9. Dehati Nalishi was recorded on the spot vide Ex. P10. Seized articles were sent for chemical analysis and presence of sodium carbonate and phenolphthalein were confirmed in the pocket washed solution of the accused, hands washed solution of the accused by Forensic Science Laboratory, sagar vide Exs. P11 and P11a. F. I. R. was lodged vide Ex. P12.