AMIR PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Agarwal, J. This appeal under Section 374 (2) of the Code of Criminal procedure is directed against the judgment and order dated 4th of January, 1990 Passed by the Vth Addl. Sessions Judge, Varanasi in Special Case No. 4 of 1984 whereby the appellant has been found guilty of the offences under Section 161, I. P. C. and Section 5 (2) of the Prevention of Corruption Act and has been sentenced to undergo Rigorous Imprisonment for a geriod of two years for each of the offences. Both the sentences have been ordered to run concurrently.

(2.) I have heard Sri Rajesh Ji Verma and Sri R. C. Yadav, Advocates, Counsel for the appellant and the learned Addl. Government Advocate.

(3.) THE documentary evidence con sisted of the Chick F. I. R. Ext. Ka-10, the application dated 23-3-83 moved by Nar badeshwar Pandey before the Collector Ka-2, the memo dated 23-3-83 prepared before laying of the trap Ext. K. a-3, the memo dated 23-3-83 prepared after the trap Ext. Ka-4, the sanction for prosecu tion dated 19-5-1984 Ext. Ka-5, the report of the Public Analyst dated 27-8-1983 Ext. Ka-9. the copy of the entry in the general diary being Report No. 26 at 2. 10 p. m. on 23-3-1983 Ext. Ka-11, the application moved by the complainant Narbadeshwar Pandey to the Tahsildar for the issue of requisite particulars in Form 61 kha Ext. Ka-1, the report recorded thereon by the accused Ext. Ka-1-C and the order of the Supervisor Kanungo Ext. Ka-1-b and that of the Tahsildar Ext. Ka-1 (a), the copy of the application for loan Ext. Ka-6, the abstract prepared by the officials of the Bank dated 18-3-1983 Ext. Ka- 7, the bill dated 18-4-1983 of Mahendra Agricul tural Stores in rcspeet of purchase of Ihracer Ext. Ka-8, the copy of a Govern ment order dated 14-5-1980 regarding the grant of subsidy in respect of Bank loan Ext. Ka-12, the copy of another G. O. dated 28-7-1975 on the subject Ext. Ka-13, a copy of a letter from the Joint Secretary to the Government authorising the Investigating officer to seek sanction for prosecution Ext. Ka-21, a letter from the Superinten dent of Police to the Collector, Varanasi seeking confirmation of the proceedings of trap Exi. Ka-16 and the Collector's note there on Kxt. Ka-17.