HARSARAM LAL SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a, criminal appeal aginst the judgement and order dated 17th May, 1988 passed 'by then Special Judge, Ghaziabad in Sessions Trial No. 3 of 1985 State v. Mahabir Singh and another, convicting the appellant-accused under section 5 (2) read with Section 5 (1) (d)of the Prevention of Corruption Act and sentencing him to four years Rigorous Imprisonment and a fine of Rs. 1000.00. In default he was ordered to undergo further six months Rigorous Imprisonment. He was further convicted under Section 161 CPC and sentenced him to one year's Rigorous Imprisonment thereunder, Both the sentences were directed to run concurrently.

(2.) THE prosecution case briefly stated is that Shyam Lal, father of Rajendra Singh, purchased certain agricultural land from one Kaley Singh son of Naurang resident of Phoolpur. Rajendra Singh moved an application for mutation of the name of his father over the land before the appellant- accused Har Saran Lal Sharma. who was posted as Assistant Consolidation Officer of Circle Kot, Tehsil Dadri, District Ghaziabad. THE accused Har Saran Lal Sharma demanded Rs. 500.00as bribe from Rajendra Singh, who paid him Rs. 200.00 and promised to pay Rs. 300.00 later on. Rajendra Singh was not, however, in favour of giving any money as bribe to Har Saran Lal Sharma and therefore, be contacted S. P. Vigilance at Meerut. He made a complaint to the S. P. Vigilance about the demand of bribe money by Har Saran Lal Sharma, A.C.C. through an application Ex. Ka-1. Sri Dharam Pal Singh, Officiating Superintendent of Policd Vigilance directed the Inspectors Bheem Singh and K. K. Tyagi of Vigilance department to lay a trap to apprehend the accused Har Saran Lal Sharma red handed, vide his order dated 22nd September, 1984, Inspector K. K Tyagi met Rajendra Singh and directed him to meet him in front of Roadways Bus Stand at Dadri on 24-9-86 at about 9.00 A.M. He also directed him to bring Rs. 300.00, the amount which was to be paid as bribe to Har Saran Lal Sharma. THE raiding party consisting of K. K. Tyagi, Bheem Singh and certain other constables reached Dadri Roadways Bus Stand. Rajendra Singh met them there. Two witnesses of public named Laxmi Narain Sharma and Vishan Pal were also taken for the purpose of laying a. trap. Inspector K. K. Tyagi made his initials on the three currency notes of Rs. 100.00each demoninations. Those notes were also treated with phenolphthalein power by constable Surendra Kumar Gyagi. THE hands of Surendra Kumar Tyagi were dipped in a glass of Sodium carbonate solution THE dipped solution was filled in a vial and was sealed then and there. All these proceedings were mentioned in the memo Ex. Ka-2 prepared in front of the Roadways Bus stand. Necessary instructions were given to Rajendra Singh that he would give the said notes to Har Saran Lal Sharma, A.C.O. on his demand!. THEreafter the raiding party proceeded towards the A.C.C. office situated at the residence of Dalvir Singh in village Kot. Rajendra Singh, Inspector Bheem Singh and the witness Laxmi Narain Sharma went into the office of the A.C.O. while the Inspector K. K. Tyagi along with constables and other witness Vishan Pal remained outside the office of the A CO. Rajendra Singh wished the A.C.O. and requested biro to do his mutation work he also expressed that he had brought Rs. 300.00 as per his demand. THEreupon Har Saran Lal Sharma kept the mutation papers in front of him and asked Rajendra Singh to give the remaining sum of Rs. 300.00 He had also assured that his work of mutation would be done. THEreupon Rajendra Singh gave Rs. 300.00 to Har Saran Lal Sharma, who counted the money and gave it to the other accused Mahabir Singh Lekhpal for doing the mutation work of Rajendra Singh. Mahabir Singh took the money from Har Saran Lal Sharma, counted it and kept it in the right fist of his hand. THEn the raiding party was convinced that the transaction of the demand and acceptance of bribe money was complete and thereupon all of them surrounded the accused persons, they disclosed their identity and on search Rs. 300.00 was recovered from the right hand of accused Mahavir Singh. THEy were the same currency notes which bore the initials of the Inspector K. K. Tyagi and were treated with phenolphthalein powder. Necessary formalities were observed. THE raiding party also took into its custody the application for mutation, affidavit of Shyam Lal, copy of order of Sri D. N. Sharma, S.O.C. regarding permission to sell the plot in question and the original sale deed regarding the plot in question by Kaley in favour of Shyam Lal vide memo Ex. Ka-4. THEreafter completing the other formalities the raiding party took the arrested accused-persons Mahavir Singh and Har Saran Lal Sharma to the police Station Dadri along with the recovered articles. THE Inspector K. K. Tyagi submitted a written report there. A First Information Report was prepared on the basis of the report so submitted. After the completion of the investigation into the case and after obtaining necessary sanction for the prosecution of the appellant accused, charge-sheet was ultimately submitted against them.

(3.) HAVING heard the learned counsel for the parties and having considered the evidence on record, the then Special Judge, Ghaziabad acquited the co-accused Mahavir Singh, but convicted and sentenced the accused-appellant Har Saran Lal Sharma brought his impugned judgment and order as mentioned earlier. Aggrieved, the appellant- accused preferred this appeal against the same.