GAYA PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a criminal appeal against the judgment and order dated 1/06/1983 passed by the then learned V Additional Sessions Judge (Special Judge), Varanasi, in Criminal Case No. 3 of 1981 convicting the appellant under Section 161, I.P.C. and Section 5(2) of the Prevention of Corruption Act and sentencing him to two years Rigorous Imprisonment on each count.

(2.) The prosecution case briefly stated is as under : The complainant Shyam Narain Singh is a resident of village Gaura Uperwar, police station Chaubeypur, district Varanasi. The consolidation proceedings were undertaken in the village of the complainant Shyam Narain Singh and his brother Dashrath Singh. Chaks were allotted to them in place of their old plot No. 302 during consolidation proceedings. The complainant moved an application to the consolidation authorities on 11/08/1980 for making measurement of his chak. The accused-appellant Gaya Prasad was Lekhpal during that period of that village. He was directed by the Consolidation Officer to carry out measurement as required by the complainant in that regard. Earlier to that a complaint was also made by the complainant. Consequently the accused Gaya Prasad was entrusted the work of measurement. Therefore, the complainant met him and made request personally as well to measure his chak. There upon the accused Gaya Prasad demanded a sum of Rs. 50.00 as illegal gratification. The complainant, however, paid Rs. 30.00 only and promised to pay Rs. 20.00 later on the measurement being made by the accused Gaya Prasad. In spite of the fact that the complainant had paid a sum of Rs. 30.00 to the accused, the accused did not go to the village of the complainant for making measurement of his chak. Consequently the complainant after some time again approached the accused, who told him that unless a sum of Rs. 20.00 was paid to him, he would not measure his chak. The complainant then promised him to pay the said amount after two days. In the mean time, he went to the office of the Vigilance Department and moved an application on 15/11/1980 making therein complaint against the accused about his illegal demand. That application was Ext. Ka-6. The Deputy Superintendent of C.I.D. ordered on that application Ext. Ka-6 the two Inspectors to take steps to catch hold of the accused Gaya Prasad red-handed. Thereupon two notes of Rs. 10.00 denomination each were given by the complainant to the Inspectors, who got it mixed with powder and returned it to the complainant with a direction that the same notes be given to the accused on his demand. The Inspectors observed certain other formalities in that connection. Thereafter the complainant along with the two Inspectors and four constables proceeded towards the Consolidation Office situated in Mohalla Orderly Bazar. It was about 3 p.m. when they reached near the office. The Inspectors enquired from the complainant about the accused Gaya Prasad, who was shown to be sitting at a Tea shop, near the office. The Inspectors thereupon instructed the complainant to go first to the accused and give him the amount as promised by him. Consequently the complainant went to the Tea shop where the accused Gaya Prasad was sitting. The Inspectors and the other members of the police parties and the witnesses Shyam Behari and Gauri Shankar were standing on the road side. The complainant gave Rs. 20.00 to the accused Gaya Prasad saying that as per his promise he was paying it to the accused for measuring his chak. Both the notes Exts. I and II were taken by the accused Gaya Prasad in his hand and he promised that the chak of the complainant would be measured by him next day. Thereupon the Inspectors, after disclosing their identity, caught hold of the accused, who then threw away the two notes of Rs. 20.00 paid to him by the complainant. The Inspector also got his hands washed and kept the mixture in a bottle in a sealed cover. He also took in his possession the two notes thrown by the accused and kept them in a sealed envelope. He prepared a Fard Ext. Ka-2 in connection therewith. The accused after his arrest with the recovered notes Exts. I and II was taken to the police station Cantt. Varanasi, same day at 5.45 p.m. by the Vigilance Inspector Surya Pratap Singh. The case was ultimately registered. The investigation ensued. After the completion of the investigation, the charge-sheet was submitted against the accused.

(3.) The prosecution examined the then Inspector, Anti-Corruption (C.I.D.) Surya Pratap Singh (P.W. 1), Shyam Narain Singh (P.W. 2), Gauri Shanker (P.W. 3), constable Bachcha Pandey (P.W. 4), Lakshmi Narain Singh (P.W. 5), Lakshman Prasad (P.W. 6), Inspector Anti-Corruption Jagdish Prasad Pandey (P.W. 7), Head Constable Rajaram Singh (P.W. 8), Malkhana Moharrir Haridwar Rai (P.W. 9), constable Bhadohi Ram (P.W. 10) and Sub-Inspector Raj Kumar Ram (P.W. 11) and filed certain documents in support of its case.