SURENDRA PAL SINGH Vs. STATE

JUDGEMENT

(1.) THESE appeals have been preferred by Dharambir and Surendra Pal Singh who were convicted under section 161 IPC and under section 5 (2) of the <ACT>PREVENTION OF CORRUPTION ACT, 1947</ACT>. Under the former section they have been sentenced to undergo rigorous imprisonment for three years while under the latter section they have been sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 500/-.

(2.) ACCORDING to the prosecution case, Sri Surendra Pal Singh was the Sanitary and Food Inspector in Ghaziabad district. Moradnagar was in his circle. At Moradnagar Bus Stand Jagdish Chandra Sharma was running a Shudha Bhojnalya. Surendra Pal Singh used to visit Moradnagar and in the course of his visits to the shop of Jagdish Chandra Sharma he used to threaten him to take a sample and he also threatend him that iif he paid him Rs. 200/- the sample would not be taken and he would be able to run his hotel in peace. Jagdish Chandra Sharma showed some repugnance against the act of giving the illegal gratification to Surendra Pal Singh appellant. He,, therefore, moved an application on 8th October 1977 before the Superintendent of Police (Vigilance) Meerut informing him of the intentions of Surendra Pal Singh appellant in asking for the illegal gratification. The Superintendent of Police (Vigilance) gave directions to Om Prakash Tyagi and Sri Dharampal (Vigilance) Inspectors to lay a trap for the arrest of Surendra Pal Singh appellant..

(3.) SURENDRA Pal Singh appellant denied thai he had ever threatened Jagdish Chandra Sharma to pay him illegal gratification in view of his not taking the sample of edible articles sold by him. He has also denied that he had sent Dharambir to take Rs. 200/- from him for that purpose. He further stated that Jagdish Chandra Sharma got himself converted as a Muslim and runs a Hotel. This was objected to by the Hindus. He is, therefore, inimical to him.