PANCHANBHAI NANJIBHAI KANTARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant, at the relevant time, in the year 1993 -94, was posted as Circle Inspector in the office of Taluka Panchayat, Khambhalia. He was put on trial for the commission of the offences under Section 7 and 13 (1)(d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred "the Act"). The learned Special Sessions Judge, Jamnagar, in Special Case No.18 of 1993 passed judgment and order of conviction and sentence dated 7th June, 1997, whereby the learned Sessions Judge was pleased to convict the appellant -accused under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act and awarded sentence to the appellant to suffer rigorous imprisonment for 2 years and to pay fine of Rs.500/ -, i/d, to further undergo simple imprisonment for 3 months. The appellant was also ordered to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/ -, i/d to suffer simple imprisonment for three months for the offence punishable under Sections 7 of the Prevention of Corruption Act. All the sentences shall run concurrently.

(2.) According to the prosecution, the complainant at the time of filing of FIR, was residing in village Sagar Nagda, but in fact, at that time, he was at Bhivandi, District : Thane. He had ancestral land property in the joint ownership of three persons viz. Veljibhai and Meghjibhai (brothers of the complainant) and the complainant himself. Brothers of the complainant died and in the life time of Meghjibhai, said land was partitioned on the basis of mutual understanding. Even then in the revenue record, it continued to remain in the name of Meghjibhai and for getting the note as to the inheritance of the said land incorporated in the revenue records, the complainant met the accused, who was Talati -cum -Mantri, on 14.4.1993 at about 4:00 p.m., residing at Khambhalia. The accused demanded Rs.1350/ - by way of illegal gratification. The complainant requested to reduce the amount, but the accused told that out of the said amount of Rs.1350/ -, he would have to give Rs.1000/ - to the Mamlatdar. Ultimately, the complainant agreed to the demand of the accused and paid said amount of Rs.1350/ -. On 16.4.1993, when the complainant went to the house of accused at about 4:00 p.m., the complainant told the accused that he had forgotten to tell on that day that he would have yet to give Rs.300/ - for getting the name of his nephew Virchand incorporated in the revenue record. The complainant told him that he do not have Rs.300/ - with him and therefore, the accused asked him to come on the next day with Rs.300/ - in the noon hours and further told him that he would keep ready the relevant record about the inheritance rights. Therefore, the complainant decided to lay the trap and approached the ACB Office and filed complaint. On 17.4.1993 at about 2: 35 p.m. the raiding party went to Khambhalia and reached at about 8:00 p.m. Thereafter, the complainant and panch No.1 went to the house of the accused and the accused told that all papers were ready and he demanded Rs.300/ - from the complainant. The complainant asked him to refund some amount to him and therefore, the accused gave Rs.50/ - back to the complainant. The accused kept three notes of Rs.100/ - (trap amount) between two registers. The first part of the trap panchnama at Exhibit 16 was drawn by P.I. Mavani on 17.4.1993 between 12:35 and 2:35 p.m. at the ACB office Jamnagar and second part was drawn on 18.4.1997 at about 1:15 a.m.

(3.) After usual investigation, the Investigating Agency submitted the charge -sheet. In order to bring home the charge, prosecution had examined the witnesses and got exhibited a large number of documents. The witnesses examined by the prosecution viz. PW -1, Karamsinh Punjabhai Shah, complainant at Exhibit 12, whereas PW -2, Digvijaygiri Bhupatgiri Gosai, serving as Industrial Supervisor in office of Jill Udyog, panch witness at Exhibit 13, PW -3, A.S. Goswami, Jr. Clerk serving in District Panchayat, at Exhibit 17, P.W.4 - Ghanshyamsinh Bhujrajsinh Jadeja, Police Inspector of ABC Office Exhibit 18, P.W. 5 - Ghanshyamsih Gagubha Jadeja, serving at ACB office at Exhibit 20, P. W. No.6 - Manubhai Hemubhai Jadeja, serving as Revenue Circle Officer, at Exhibit 23, P.W. No.7 - Priykant Vanravan Vadhvana, Sr. Clerk at Jilla Panchayat, Exhibit 25. Thereafter, the documentary evidence viz. list of Muddamal at Exhibit 9, D.E. List at Exhibit 10, Yadi at Exhibit 14, 15 and 21, Panchnama Exhibit 16, Copy of service book at Exhibit 19, FIR at Exhibit 21, letters at Exhibit 26 to 28 were examined. The appellant was put on trial, where he abjured his guilt and claimed to be tried and the learned Judge has recorded the statement of the present appellant -accused under Section 313 of the Code of Criminal Procedure, 1973.