SHYAM BIHARI SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 7th December, 1979 passed by Sri B. K. Jain, Special Judge, Jhansi in Special Case no. 3 of 1977 State v. Shyam Behari under section 161 IPC and section 5 (2) of the Prevention of Corruption Act, P. S. Nawabad, District Jhansi.

(2.) THE case of the prosecution, as has been unfolded in the evidence of Suraj Prasad (PW 1) and Laxmi Prasad Sharma (PW 2), may briefly be stated as follow.

(3.) LAXMI Prasad Sharma (PW 2) came out of the Board Office and sat for sometime near the courts' crossing. In the meantime at about 4 p. m. his son, Arvind Kumar, happened to come there from the side of Barua Sagar. LAXMI Prasad Sharma (PW 2) discussed the proposal of the accused with his son. Arvind Kumar, Arvind Kumar then informed his father that in the past also the accused had demanded Rs. 500/- by way of bribe for getting Smt. Shanti Devi's transfer stayed from Uldan to Pachwara and that the accused must be dealt with strictly and he should be trapped in the act of accepting the bribe. LAXMI Prasad Sharma (PW 2) wanted to talk to Civil Police but his son, Arvind Kumar, informed him that S. P. (Vigilence) was camping in the Circuit House, Jhansi and the matter should be brought to the notice of S. P. (Vigilence). After this decision Arvind Kumar went away, LAXMI Prasad Sharma (PW 2) then wrote an application (Ex. ka 8), which was addressed to S. P. (Vigilence), for laying the trap relating to the demand of bribe by the accused.