MANO KALIKA SINGH Vs. STATE OF UP

JUDGEMENT

(1.) THE appellant ­ Mano Kalika Singh was put to trial and was ultimately convicted to undergo the sentence of two and a half years of rigorous-imprisonment under Section 5(2) of the Prevention of Corruption Act, 1947, and was further sentenced to pay a fine of Rs. 200/- with a concurrent sentence of one and a half years under Section 161 I.P.C.

(2.) THE appellant was already under custody when the sentence was pronounced and he was sent to Jail to serve out the sentence awarded to him by the learned Special Judge, Fatehpur vide his judgment dated 24.11.1981. THE appellant preferred an appeal which was admitted on 27.11.1981 and pending appeal the appellant was released on bail. This appeal has tottered for 31 years to reach for hearing.

(3.) ACCORDING to the pre-arranged plan the trap was laid and on 16.11.1977 the Inspector ­ Labh Chandra Sharma issued directions to Bhanu Prakash to meet him near a temple situate near the Post Office in the village of Kishunpur. The Inspector ­ Labh Chandra Sharma accompanied by another Inspector Sri Kishan Singh and two constables of the Vigilance Department arrived at the temple at about 10.00 a.m. on 16.11.1977 where they were informed that Bhanu Prakash had arranged with Mano Kalika Singh to meet on 17.11.1977 for paying the bribe. The two Inspectors stayed back at the house of one Deen Bandhu ­ P.W.-3 under a pretext of belonging to the Education Department and Bhanu Prakash produced Rs. 100/- in the presence of the witnesses Deen Bandhu and one Nathu Prasad whereafter the Inspector ­ Labh Chandra Sharma put his initials on the Currency-Note of Rs. 100/-. The said Note was treated with Phenolphthalein powder by Kishan Singh, tThe other Inspector, and his hands was washed in a solution of Sodium Carbonate whereafter the solution turned red and accordingly sealed in a phial duly signed by Bhanu Prakash and the Inspector.