RAM BABU SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Ram Babu Sharma has filed this appeal against his conviction u/s. 161 I.P.C. and u/s. 5(2) of Prevention of Corruption Act and sentence of 6 months R.I. and one years R.I. and a fine of Rs. 500/- under the aforementioned sections respectively.

(2.) The case of the prosecution is that Ram Babu Sharma was posted as Secretary of Krishi Utpadan Mandi Samiti at Bijnor in the year 1979. It is alleged that Ram Babu Sharma had served a notice on Suresh Chandra Agarwal, complainant (P.W. 3) on bealf of Mandi Samiti for not filing the statements. He also informed S.C. Agarwal when he met him on 8.12.1979 that a challan has been submitted against him in the court in which he will have to face punishment. He further told the complainant that in case he desires to be saved from these troubles he will have to pay a sum of Rs. 200/- per annum as bribe to him. The Complainant requested the appellant to reduce the said amount and then he agreed to pay Rs. 50/- for withdrawal of case and Rs. 100/- as six monthly amount of bribe. The appellant had further promised to a licence for retail in case the latter pays the amount of the said bribe on 8.12.1979. The complainant paid the a sum of Rs. 50/- as bribe to Ram Babu and he also moved on application to Ram Babu praying for withdrawal of the case and requested for grant of 15/20 days time to pay Rs. 100/- as bribe to which Ram Babu Sharma agreed.

(3.) The complainant did not like to pay any bribe to Ram Babu so he met Sri Som Dutt Tyagi, Vigilance Inspector of (P.W. 1) and he also went to the District Magistrate, Bijnor and submitted a complaint to him on 26-12-1979 mentioning all the aforesaid facts therein. The District Magistrate directed Sri Ram Bahadur Executive Magistrate to record the statement of the complainant. Thereafter the statement of the complainant was recorded by the Executive Magistrate and the Vigilance Inspector placed the said statement before the District Magistrate who passed an order to Vigilance Inspector to lay a trape. Sri Sam Dutt, Vigilance Inspector along with complainant went to the Police Station Kotwali City, Bijnor from where he took constable Raj Kumar in plain uniform and reached the police outpost Abkari and from there he also took two police constables Sardar Singh and Girish Chandra in plain clothes. Thereafter he sent Suresh Chandra to find out the whereabout of Ram Babu. However, Surash Chandra complainant returned at about 6 P.M. at the police outpost Abkari and told the Vigilance Inspector that Ram Babu appellant had gone to Harihar Temple and his return was not certain. The Vigilance Inspector directed Suresh Chandra to meet him again on the next morning at police outpost Abkari.