DAYASHANKER SINGH Vs. THE STATE OF M.P.

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction and order of sentence dated 12 -10 -1990 passed by the 4th Special Judge, Bilaspur in Special Criminal Case No. 6/88, whereby and whereunder learned Special Judge after holding the appellant guilty for demanding and accepting illegal gratification other than legal remuneration by misusing the office, convicted the appellant under Sections 161 of the I.P.C. and 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 and sentenced him to undergo R.I. for one year and to undergo R.I. for two years and pay fine of Rs. 2,000/ -, in default of payment of fine to further undergo R.I. for six months, respectively.

(2.) CONVICTION is impugned on the ground that without any iota of demanding and accepting bribe, the Court below has convicted and sentenced the appellant and thereby committed illegality.

(3.) STATEMENTS of the witnesses were recorded under Section 161 of the Cr.P.C. and other documents were seized. Material collected during the course of investigation was placed before the sanctioning authority and the sanctioning authority has accorded sanction vide Ex.P -4. After completion of investigation, charge sheet was filed before the Special Judge, Bilaspur.