BHAIYA LAL Vs. STATE OF U. P.

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned A.G.A.

(2.) IN this case, the appellant was convicted for an offence under Section 5 (2) of the Prevention of Corruption Act. He was sentenced to 2 years' R. I. and was directed to pay a fine of Rs. 500. In default thereof, he was sentenced to undergo three months simple imprisonment. He was also convicted under Section 161, I.P.C. and sentenced to R.I. for two years. Both the sentences were to run concurrently.

(3.) THE prosecution in order to support its case has examined two public witnesses who were taken from the said crossing in front of telephone exchange. They are P.W. 1 Mithlesh Kumar Dwivedi and P.W. 2 Shiv Prasad, P.W. 3 Rajendra Singh Kushwaha is complainant. P.W. 4 Akshey Kumar Singh is the Investigating Officer of the case. P.W. 5 Rishi Ram Sharma is Director, U. P. State Seed Certification Organisation, Lucknow. The sanction order is Ext. Ka -5, Om Prakash Kakkar P.W. 6, as earlier stated, conducted raid and arrested the appellant along with the bribe money. P.W. 7 is Munna Lal Katiyar. At that time, he was Head Moharir at police station Kotwali, Banda. He had proved various Exts. Pertaining to the registration of the case, check F.I.R. and other papers. P.W. 8 is Ram Lakhan Gupta who was Sub -Divisional Magistrate of the district at the relevant time. He has proved the application given to District Magistrate, Banda by the complainant and the fact that application was transmitted to A.D.M. (Finance) on whose call he had co -ordinated with him in preparing Ext. Ka -2. The order given by him to Circle Officer., Sadar for organising trap is Ext. 8. The order of District Magistrate pertaining to A.D.M. (Finance) is Ext. Ka -9 Ext. Ka -10 is the statement of Rajendra Singh Kushwaha. The notes, which was initiated by him are Exts. 3 and 4. Fard pertaining to these notes is Ext. Ka -11. This is the entire evidence that has been brought on record in support of its case by the prosecution.