DEO NARAIN Vs. STATE

JUDGEMENT

(1.) THE instant appeal has been filed against judgment and order dated 28.3.1980 passed by VIIth Additional Sessions Judge, (in capacity of Special Judge), Kanpur, in Special Trial No.7/M of 1978. Two accused namely Deo Narain and Jagdish Chandra Saxena were sent up for trial under Sections 120-B, 170, 466, 468, 471, 420 I.P.C. and Section 5 (2) of Prevention of Corruption Act, 1947. Accused Jagdish Chandra Saxena was given a clear acquittal whereas present appellant Deo Narain was convicted and sentenced to undergo one year R.I. and fine of Rs.2,000/- under Section 420 I.P.C., one year R.I. under Section 471 I.P.C and one year R.I. under Section 5 (2) of Prevention of Corruption Act. In default of payment of fine, appellant shall undergo four months R.I. All the sentences were directed to run concurrently.

(2.) ACCORDING to the prosecution case, accused Deo Narain was employed as Amin in Nagar Mahapalika, Kanpur. He obtained a sum of Rs.1000/- from complainant Sri Ahmad Husain, claiming himself to be an Inspector of Nagar Mahapalika, Kanpur. The complainant owned a house no.130/567-A Bagahi Chandri, Kanpur, which was acquired by Nagar Mahapalika, Kanpur. He tried for allotment of a plot, where met the accused Deo Narain. Accused Deo Narain told him that he would get a plot allotted to him. A letter dated 15.5.1970 was received by complainant on 26.5.1970. Accused Deo Narain had earlier asked him to come in the morning of 26.5.1970 and told him that he will get another letter issued to him in the evening. Accused Deo Narain took a sum of Rs.1000/- from complainant at the residence of accused Jagdish Chandra Saxena and obtained his signatures on a register. The letter in question had required him to deposit a sum of 1800/- on 27.5.1970. The complainant met Sri Syed Yaseen, Corporator, requesting him for extension of time to deposit Rs.800/-. Sri Syed Yaseen, went to the office of Nagar Mahapalika, Kanpur and found the letter received by complainant was forged and fictitious. The complainant thereupon moved an application on 28.5.1970 to Mukhya Nagar Adhikari, Kanpur, which is Ext. Ka-6. The matter was inquired into by Vigilance Officer of Nagar Mahapalika and later on investigation was handed over to Crime Branch C.I.D. Sri Radhey Shyam Singh, Insepctor C.B. C.I.D. submitted charge sheet after investigation.

(3.) THE prosecution in order to establish its case, examined PW-1 Sri Syed Mohammad Yaseen, PW-2 Sri Ahmad Husain, PW-3 Sri Devi Prasad, PW-4 Inspector Radhey Shyam Singh, PW-5 Sri Raheem Bux @ Bankey, PW-6 Sri Murari Lal Shukla, Deputy Superintendent of Police C.B. C.I.D., PW-7 Navrang Singh Inspector C.I.D., PW-8 Sri Shambhu Nath Tandon and PW-9 Sri Rajendra Singh Yadav, Government Handwriting Expert. Sri R.D. Goswami CW-1 Typist, Nazul Department, Nagar Mahapalika, Kanpur, was examined as court witness.