J P SHARMA Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been preferred by the accused appellant against the judgement and order dated 28.1.1989 passed by the First Additional District & Sessions Judge, Meerut in Session Trial No. 4 of 1984 (State vs. Jai Prakash Sharma) convicting and sentencing the appellant for the offence punishable under Section 161 IPC to undergo one year's rigorous imprisonment and under Section 5(2) of Prevention of Corruption Act (in short 'the Act') to undergo one year's rigorous imprisonment and fine of Rs. 500/ and sentence of imprisonment in default of payment of the same. All the sentences have been directed to run concurrently.

(2.) The facts of the case, as unfolded by the complainant Mahendra Singh son of Harvir Singh in the application given by villagers, namely, Ram Phal and others to the District Magistrate that the Lekhpal Jai Prakash Sharma (appellant herein) opened Rasta from his Chak in collusion with the opposite party on 17.8.1983. A complaint in that regard was made by the father of Mahendra Singh against the Lekhpal and Kanoongo. On 23.8.1983, the Lekhpal Jai Prkash alongwith two constables came at 6.00 p.m. at his Chak no. 832 and again after cutting the sugarcane more way was opened. On being harassed, when the complainant approached the Lekhpal Jai Prakash Sharma on 2.9.1983 at the Tehsil and told that the Rasta has been opened wrongly, the Lekhpal Jai Prakash Sharma made a demand of Rs. 250/- from him to give report in his favour. It was also asked that when he (Lekhpal) will show the said report to him then the money be paid. Under this pressure, he gave assurance to pay him Rs. 250/- which he did not want to pay and therefore reported the matter. On his complaint, the Inspector Incharge deputed Raj Pal Singh, Inspector for trap vide note (Ext. Ka-5). Raj Pal Singh prepared a memo (Ext. ka-2) in respect of 3 notes, two each of Rs. 100/- and one of Rs. 50/-, which he had dealt with phenolphthalein powder and directed the complainant Mahendra Singh to give these notes on being demanded as a bribe to the Lekhpal. The hands of the complainant were got washed with the solution of Sodium Carbonate which turned light pink and it was kept in a bottle and sealed. Thereafter, in a restaurant of Nanak Chand Rathore, in front of the Registration Office within the Court compound, Meerut, this trap was laid and the recovery of the same three notes was made from the right hand of the accused appellant and in this regard memo (Ext. ka-4) was prepared. Later on, the accused appellant and the case property was taken to the P.S. Civil Lines, Meerut, where F.I.R. (Ext. ka-6) was prepared. The case was registered in the General Diary on 3.9.1983 at 3.55 P.M.. The Investigation was conducted by Shri R.A. Tyagi, another Inspector of the same Department / Cell, who prepared the site plan of the field of the complainant and of the said Rasta (Ext. ka-8) and site plan in respect of the place of trap and arrest (Ext. ka-9) and also received report of the Chemical Examiner (Ext. ka-10), obtained sanction for prosecution from the Sub-Divisional Officer, Meerut (Ext. ka-11) for the prosecution of the accused appellant under Section 5(2) of the Act and after investigation submitted charge-sheet (Ext. ka-12). The prosecution also put on record the report of Jai Prakash Sharma (appellant) which was given by him for the Police help to get the Rasta opened, which has been proved as (Ext. ka-13), the direction of the Tehsildar (Ext.ka-14) on the report of the Kanoongo (Ext. ka-15) on it.

(3.) As mentioned above, after completing the investigation, charge-sheet against the accused appellant was filed.