KHANJU PRASAD LADIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Present appeal has been filed by the accused aggrieved of conviction under S. 5 (1) (D) read with S. 5 (2) of the Prevention of Corruption Act and S. 161 I.P.C. He has been sentenced to R.I. for one year and a fine of Rs. 500/- and in default R.I. for three months under each of the charges. Both sentences have been ordered to run concurrently, on account of having obtained illegal gratification from Ganesh Prasad in order to give the lease of the land to him. According to the prosecution case the accused applicant was holding the post of Naib Tehsildar and was working under SDO Khurai at the relevant time on 1-2-1985. Complainant Ganesh Prasad was granted temporary lease in the year 1973-74 of 5 acres of land situated at village Bandri and his possession continued over the said land. He wanted to obtain permanent lease of the said 5 acres of land comprising in survey No. 329/12. When complainant contacted Naib Tehsildar at village Malthone, he asked him to get prepared Khasra B-1, affidavit and Patwari report. The accused was not ready to give permanent lease without having been paid a sum of Rs. 100/- as illegal gratification which was quoted by the accused. Ganesh Prasad submitted the complaint Ex. P/19 in the office of Lokayukta, at Sagar Inspector of Lokayukta office Mahesh Prasad Dubey, PW-10 also asked A.H.H. Sadiq SDO Forest, B.P. Singh, Inspector Gautam Shukla and Head constable Indramani, Head Constable Sokhelal, Baburam Dohre to be present in the office on 28-9-1985. In the morning on 28-9-1985 all aforesaid persons were present in the office. Thereafter the complaint was given to the said persons for apprising them of the contents. Thereafter Ganesh Prasad handedover sum of Rs. 100/- consisting of one currency note of 50/-, two of Rs. 20 and one of Rupees 10/-, total Rs. 100/-. The number of these currency notes were noted in Panchnama inquest. Phenolphthalene powder was applied and demonstration was made of phinolphthalene powder in the solution of sodium Carbonate. Solution was kept in the sealed cover. The currency notes were placed in the left hand pocket of Ganesh Prasad and he was told that only on demand being raised by Naib Tehsildar the complainant would give the currency notes after handing them to the Naib Tehsildar. He will put his left hand over his head and the trap party on receiving this indication would reach to spot. The inquest prepared of the said proceedings is Ex. P/20. The complainant was carrying application for permanent lease, affidavit, copy of B-1 Khasra.

(2.) P/5 in the case is document that pertains to permanent lease. These documents were supposed to be handedover to Naib Tehsildar, the accused thereafter sum of Rs. 100 was to be paid. A trap party stopped about one kilometer. Complainant Ganesh Prasad and constable Sokhelal were dropped from the Jeep. Thereafter the trap party reached near the house of Naib Tehsildar at about 12.30 p.m. Accused was in office, after sometime the accused came and went inside the house. After sometime the complainant Ganesh Prasad also entered the house of accused, then handedover to him the documents Ex. P/2 to Ex. P/6. The accused asked him to call Ravishanker Namdeo, Patwari. Accused went to Namdeo Patwari to call him. Thereafter the accused read the documents and handedover them to the said patwari and asked him to bring those documents in the Court. Thereafter the accused demanded sum of Rs. 100/- from the complainant which the complainant took out by his left hand and handedover them to the accused. The accused had put them in the red bag which was lying on the cot. Thereafter the complainant Ganesh Prasad came out and signalled the trap party. They all immediately went inside and caught hold of the accused. The accused informed that the money received by him has been placed in the red bag lying on the cot. V. P. Singh lifted the bag from the cot, his hands were washed from the Sodium Carbonate the colour of which did not turn, thereafter the hands of the accused were washed in the solution of Sodium Carbonate, which turned rosy. This solution was again kept in a sealed cover. Subsequently, B. P. Singh took out from that bag currency notes of Rs. 100/-. The number of these currency notes tallied with the number mentioned in the inquest report P.20. These currency notes were seized alongwith the bag in which they were placed and the other material in that bag was also seized. B. P. Singh's hands were again got washed in the sodium Carbonate solution, this time it turned rosy. This solution was also seized and kept in the sealed cover. Seizure of the currency notes was made vide seizure memo Ex. P/21. Ravishanker Patwari was called and documents were seized from him. The bag and the articles etc. were seized as per seizure memo Ex. P/22. The documents P/2 to P/6 were seized vide seizure memo p/1 from Ravishanker Patwari. Mathura Prasad Patwari prepared the spot map Ex. P/23. As per Ex. P/17 the case was sent to Lokayukt Office, Bhopal for its registration. The registrtion was done as per Ex. P/18. Khasra and Kishtabandi P/10 and P/11 were seized from Mathura Prasad Patwari vide seizure memo Ex. P/8 which was given in supurdgi of Mathura Prasad vide suprudginama Ex P/9. Phenolphthelene and Sodium Carbonate solution were sent to FSL Sagar for examination vide requisition memo Ex. P/24. The analysis report is Ex. P/25. The accused was arrested vide arrest memo Ex. P/26. The bag of the accused and the other documents were seized vide memo Ex. P/27, P/28, P/29 and P/30. Work distribution, posting of documents have been exhibited as Ex. P/14 and P/15. Sanction was granted as per sanction order P/22. After completing the investigation challan was filed.

(3.) The accused abjured the guilt and contended that he never demanded any illegal gratification from Ganesh Prasad nor accepted any bribe. Sum of Rs. 100/- which has been recovered from the bag of the accused have been placed in his absence by Ganesh Prasad with the help of his relative Mukundi who was reader in the Court of Naib Tehsildar and the charge of said Reader was taken with the help of police and due to that ill will the case has been concocted as Mukundi was having been illwill with the accused the complainant had acted in collusion of Mukundi. In the defence the accused has examined Chhotelal Parashar Shankerlal, Sakhi Gopal, and Rajkumar as DW-1 to DW-4. The accused has been convicted by the learned trial Judge. Aggrieved by the same the present appeal has been filed.