REOTI PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) Accused Revti Prasad has come up in appeal against the judgment and order dated 27.8.1980 passed by the then Additional Sessions Judge/Special Judge, Agra in Special Case No. 7 of 1979 whereby he convicted the accused under Section 161 of the Penal Code and sentenced him to suffer rigorous imprisonment for a period of one and half years and to pay a fine of Rs. 250/only. In default, he was directed to undergo rigorous imprisonment for a period of three months. He was further held guilty under Section 5(2) of Prevention of Corruption Act, 1947 and was sentenced to undergo rigorous imprisonment for a period of two years. Both the sentences were directed to run concurrently.

(2.) Briefly stated, the prosecution case was as under.

(3.) P.W.2 Gopi Chandra, son of Ved Ram, a farmer, resided in village Burhana, P.S. Tajganj, Agra in the year 1977. He wanted to install a pumping set in his plots for the purpose of irrigation and had applied for loan from the Bank for the same. The Bank officials demanded extracts of Khasra and Khatauni. He accompanied by Sumer Singh contacted the accused, who was posted as Lekhpal of the village and requested for issuing copies of the Revenue records. The accused demanded Rs. 100/- as bribe for issuing the extracts. They made repeated requests for issuing extracts after receiving 0.50 P. fixed by the Government but the accused insisted for payment of Rs. 100/-. Gopi Chandra therefore paid Rs. 70/- to Lekhpal in the third week of January, 1977. However, the Lekhpal insisted for payment of Rs. 30/- also.