RAM NARAIN PANDEY Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Ram Narain Pandey, appellant in person and Sri Ratnendu Kumar Singh, learned AGA for the State.

(2.) The present appeal under Sec. 374(2) Cr.P.C. has been filed against the judgement and order dtd. 28/11/2006 passed by the learned Special Judge (Anti Corruption), Varanasi in Special Criminal Case No.110 of 1997, State Vs. Ram Narain Pandey and another, arising out of Case Crime No.210 of 1995, whereby the learned trial court has convicted and sentenced the accused-appellant under Sec. 7 of Prevention of Corruption Act for two years rigorous imprisonment with fine of Rs.5,000.00 and in default of payment of fine to further undergo three months additional imprisonment and under Sec. 13(2) of Prevention of Corruption Act for three years rigorous imprisonment with fine of Rs.10,000.00 and in default of payment of fine to further undergo six months additional imprisonment with direction that both the sentences shall run concurrently.

(3.) As per the prosecution case, the accused-appellant in the year 1995 was posted as Account Officer in the office of the Basic Shiksha Adhikari, Fatehpur and the co-accused Santosh Kumar Srivastava (since dead) was posted as Account Clerk in the said office. The complainant, Ram Prasad Gupta was working as Assistant Teacher in the year 1995 in Adesh Shodh Vidyalaya, Chivlahan, Fatehpur. Salary, arrears of Dearness Allowance and other dues of the teachers and employees of the aforesaid school were due and payable to them. The bills for payment of salary, arrears of Dearness Allowance and other dues were sent by the said school to the office of the Account Officer. The amount of these bills was not paid and both the accused demanded 10% amount of the bills as bribe for processing the bills for payment. The complainant and other teachers and employees were not willing to pay the bribe amount. However, under pressure they agreed to pay Rs.4,000.00 to the accused-appellant and Rs.1,000.00 to co- accused Santosh Kumar Srivastava (deceased) as bribe amount. This amount was to be paid before payment of the bills and rest of the amount was to be paid after the payment was received by the complainant and other teachers and employees of the school. The bribe amount was to be paid at the residence of the accused-appellant and he gave his residential address in his hand writing on a piece of paper to the complainant.