OM PRAKASH CHAUHAN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 27-4-1983 passed by Sri J. K. Mathur, the then Special Judge, Anti-Carruption, Dehradun in Criminal Case No. 3/1981, State v. O. P. Chauhan and another, whereby the appellant was convicted under S, 161, I.P.C. and S. 5(2) read with S. 5(1)(d) of the Prevention of Corruption Act and sentenced him to undergo R.I. for a period of one year on each count. A fine of Rs. 500/- was also imposed on the appellant. In default of payment of fine, the appellant would further undergo imprisonment for a period of three months. Both the sentences would run concurrently. However, the co-accused-O. P. Sharma was acquitted from the charge levelled against him.

(2.) Brief facts of the prosecution case are that on 28-3-1978 Dr. V. V. S. Tyagi moved an application Ex. Ka.7 for being given a telephone connection at his residence. In pursuance of the said application, a demand note amounting to Rs. 800/- was issued by the Telephone Department. The said amount was deposited by Onkar Singh Tyagi (P.W. 1) nephew of Dr. V. V, S. Tyagi. On 6-5-1980, the S.D.O. Telephones directed the appellant-Junior Engineer to submit the feasibility report and the estimate for telephone connection at the residence of Dr. V. V. S. Tyagi. Pursuant to which the appellant-Junior Engineer gave an estimate Ex. Ka. 6. The appellant visited the house of the Dr. V. V. S. Tyagi in the month of June, 1980 and asked him that his interest should also be kept in mind for installing the telephone connection. The appellant installed the telephone line at the residence of Dr. V. V. S. Tyagi, but the telephone was not connected. On 4-8-1980 at about 2 p.m., the appellant went to the farm of Onkar Singh Tyagi and demanded Rs. 1000/- as bribe for providing telephone connection. Onkar Singh Tyagi (P.W. 1) told that he had no money at that time. Appellant told Onkar Singh Tyagi (P.W. 1) that he would come after two days and would take Rs. 500/- and remaining amount would be paid after making connection.

(3.) On 5-8-1980 the complainant went to the office of CBI, Dehradun and gave a written report Ex. Ka.8 and the Deputy S.P. S. R Jaiswal (P.W. 2) recorded the FIR and asked him to meet at his farm on the next day. S. R. Jaiswal (P.W. 2) along with Inspector Joshi, one Head Constable and one Constable reached at Hapur in the morning of 6-8-1980. S. R. Jaiswal (P.W. 2) contacted with the Station Master, Hapur in order to obtain a witness for the said raid. Station Master deputed one Udai Vir Singh (P.W. 3), who was the ticket Collector, to accompany him. S. R. Jaiswal (P.W. 2) then went to the F.C.I. colony and met with P. Singh, District Manager, Food Corporation of India. S. R. Jaiswal gave requisition to the District Magistrate to depute any person as witness for the said raid. On this, Mahesh Chand Tyagi (P.W. 5) was deputed to accompany.