ZAMIL AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) VIRENDRA Saran, J. Zamil Ahmad has filed appeal against the order dated 13-12-1982 of Sri Rajendra Nath IVth Additional Sessions Judge, Basti passed in Special Case No. 1 of 1980. The learned Judge has convicted the appeal under Section 161, I P. C. and under Section 5 (2) of the Prevention of Corruption Act and sentenced him to one year's R. I. under each of the counts.

(2.) THE prosecution case against the appellant is that on 5-7-1978 the appellant was posted as Ahelmad in the Court of S. D. M, Dumeriaganj, District Basti. According to the prosecution case No. 85 of 1977 Smt. Sarojni Devi v. Bajrangi under Section 145 Cr. P. C. was pending in the Court of S. D. M. , Dumeriaganj, District Basti. Smt. Sarojani Devi is wife of Bhagirathi Misra PW 7 who was doing pairvi in the said case. Bhagirathi Misra is practising in medicine in Itwa Bazar where a weekly market is held on each Wednesday. In case Bhagirathi Misra had to attend the Court in connection with the case on Wednesdays he had to suffer professional loss hence he wanted that dates may not be fixed on Wednesdays. On 20-6 -. 978 the learned S. D. M. had not come to the Court and 5-7-78 was fixed as the next date. THE same was a Wednesday. On 4-7-1978 Bhagirathi Misra gave an application Ext-ka-2 to Sri Hari Murti Singh. THE then District Magistrate who by his order Ext-ka-1 directed that Vigilance Inspector to lay a trap On 5-7-1978 P. W. 1 Harbans Misra, Vigilance Inspector went to Itwa Bazar and recorded the statement of PW 7 Bhagirathi Misra who gave a five rupee Note JE 798768 (Ext. Ka-4) to the Vigilance Inspector who treated the note with phanolapthalien powder and handed over the note to PW 7 for being given in bribe to the appellant. THE trap party consisting of PW 2 Harbans Misra, Vigilance Inspector, Bhagirathi Misra PW 7, Avdhesh Prasad PW 3 and Thakur Prasad PW 6 and some police constables proceeded to the Court of learned S. D. M. and reached there at about 2 O'clock in the noon. While PW 7 Bhagirathi Misra was sent to give Rs. 5 as illegal gratification to the appellant PW 3 Avdhesh Prasad was directed to inform the Trap Inspector when the amount had been paid to the appellant.

(3.) THE appellant denied the charge and claimed to be tried.