LAWS(ALL)-1990-11-54

MOHAMMAD ABBAS Vs. STATE OF U P

Decided On November 16, 1990
MOHAMMAD ABBAS Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) MOHD. Abbas has filed this appeal against his conviction under Section 161 IPC and sentence of one year's R, I. and also under Section 5 (2) of Prevention of Corruption Act and sentence of one year's R. I. and a fine of Rs. 1000/-.

(2.) THE prosecution case has gleaned from the FIR and the evidence adduced in the case is to the effect that Complainant Brij Kishore who is originally resident of village Siwal Khas also had some land belonging to him at village Jani including the land of Khasra No. 233 measuring five Bigha, 8 Biswa. In the north of the aforesaid land, there were certain Sheesham trees belonging to the complainant and the complainant had auctioned those Sheesham Tree to one Aslum of village Jani. Out of the set of Sheesam trees, certain trees had been slashed by the person to whom the trees had been auctioned. It is the case of the prosecution that a report to the effect that trees had been slashed was made at Tahsil Meerut against the complainant as a result of which a notice u/Sec. USD was issued against the complainant fixing 20-3-1980 for appearance of the complainant before the Tehsildar Meerut. Upon receipt of notice aforesaid, the complainant approached Mohd. Abbas appellant who was serving as Patwari of the area. It is alleged that Mohd. Abbas, appellant put forth a demand of Rs. 800/- to the complainant as a consideration assuring that he would bring the case to a close. Brij Kishore, complainant along with Hirdesh Kumar Sharma resident of village Makri P. S. Swana Distt. Bulandshahr went to the office of Shyam Pratap Singh Chauban, Dy. S. P. (vigilance) on 17-3-1980 and gave an application containing the facts to the aforesaid effect and also mentioning that the aforesaid amount of Rs. 700/- has been settled to be paid to the appellant on 28-3-1980. THE aforesaid Dy. S. P. (vigilance) recorded the statement of Brij Kishore. THE complainant gave Rs. 700/- to the aforesaid Dy. S. P. (vigilance) in the denomination of Rs. 100/- each which were initialled and treated with phenopthaline powder. THEreafter, requisite formalities were observed as mentioned in the judgment of the court below. According to the plan, on 18-3-1980 Shyam Pratap Singh PW 1 along with Prithvi Pal Singh, Inspector S. I. (M) Pyare Lal and constable Anand Prakash started for Police Station Jani at 11 A.M. where Brij Kishore was present at the Police Station Jani. THE complainant informed the Police party that appellant Mohd. Abbas was present at the office in the aforesaid Block in connection with some meeting Leaving the Jeep behind, the Raiding Party proceeded towards the Block office. From Jani Bus stand, Davendra Kumar PW 4 and Jeevan Kumar PW 5 were picked up to witness the occurrence. On reaching the block office, entire raiding party stopped short of the Block office and Brij Kishore was instructed to go to the office for contacting the appellant. A little after Brij Kishore complainant came out with Mohd. Abbas appellant and both the complainant and appellant walked upto the hand-pump installed near the western wall of the block where they began to talk to each other. THE complainant Brij Kishore reiterated his request for giving a favourable statement whereupon the appellant demanded the settled amount. THE complainant delivered the currency notes to the appellant which the appellant accepted in his left hand. On witnessing that the appellant had accepted the bribe, Shyam Pratap Singh, Dy. S P. (Vigilance) came out of the hiding and disclosed his identity to the appellant. He recovered the bribe money from the appellant. THEreafter, the finger wash of the hands of the appellant and complainant was obtained and collected in two separate bottles which were duly sealed. Recovery memo was also prepared on the spot whereupon signatures of the witnesses were secured. THEreafter the appellant was taken to the Police Station where he was challaned.

(3.) PROSECUTION examined in all seven witnesses out of them, Brij Kishore, PW 2. Hirdesh Kumar Sharma PW 3, Devendra Kumar PW 4 and Jeevan Kumar PW 5 and Shyam Pratep Singh PW 1 were examined as witnesses of the fact.