CHARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) CHARAN Singh appellant has filed this appeal against his conviction u/Sec 161 CPC and sentence of 2 years R. I and also u/Sec. 5 (2) of the Prevention of Corruption Act and sentence of two years R. I. recorded by Sri R. P. Mathur, Special Judge (lllrd Additional Sessions Judge) Merrut, by his judgment and order dated 14-12-1984 in Crl. Case No 5 of 1982,

(2.) THE appellant was posted as Sub-Inspector of Police at Police Station Kithore in the district of Meerut during the relevant period. THEre occurred some dispute between the complainant Eijaz (PW 2) and one Tilak Ram of the same village Nagla Salempur in connection with the discharge of water from the Paranalas of his house over the land which was recently purchased by Tilak Ram. Tilak Ram was adament to stop the discharge of water from the Parnalas of Eijaz complainant by constructing a wall on the aforesaid land on 27-2-1982 resulting in some altercation between him and the complainant Eijaz PW 2 aggrieved by the attitude of Tilak Ram lodged a report Ex. ka-4 at P. S. Kithore and he bad also sent two applications to the S. S P. Meerut Ex. Ka-5 and Ex. Ka-6. Charan Singh was entrusted with the enquiry of the aforesaid complaints. THE appellant inspected the place of dispute and he demanded an amount of Rs. 100/- from the complainant Eijaz for initiating proceedings u/Sec 107/116 CrPC against Tilak Ram and others. Eiiaz complied with the demand made by the appellant and paid him Rs. 70/- at that time. THE appellant asked the complainant to meet him after two days, and when the complainant met him after two days, he again demanded Rs. 2o0/- for instituting the proceedings under section 107/116 CrPC only against the party of Tilak Ram and others. THE complainant agreed to pay the aforesaid amount of Rs. 200/- on the next morning. THE complainant met the S P. Vigilance and submitted his complaint Ex.Ka-1 to him for taking action against the appellant. THE S. P. Vigilance directed M. P Singh PW 1 Dy. S. P. Vigilance to lay a trap on the appellant. He interrogated the complainant regarding the allegations mentioned in the complaint THE complainant told him that bribe money is to be paid by him to the appellant next morning between 8 or 9 A.M. at the Tea shop of Prahlad in the town of Kithore. THE Dy. S. P. directed the complainant to meet him at 7 A.M. on 11-8-i982 outside the town of Kithore of Purik shatgarh Road with the amount of Rs. 200/- for paying the same to the accused.

(3.) POLICE Station Kithore lies at a distance of 100 yards from the tea shop of Prahlad where the bribed money was said to have been recovered from the possession of the accused.