JAGDISH CHANDRA RAIKWAR Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment dated 9.1.2001 passed by the Special Judge (Prevention of Corruption Act), Jabalpur in Special Case No. 3/1999, convicting him under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act and sentencing him to rigorous imprisonment for two years with fine of Rs. 3,000/-, in default, rigorous imprisonment for six months; and rigorous imprisonment for two years with fine of Rs. 3,000/-, in default, rigorous imprisonment for six months respectively. Substantive sentences directed to run concurrently.

(2.) It is not disputed that appellant Jagdish Chandra Raikwar was posted as Revenue Inspector (Nazul) on 26.12.1976. It is also undisputed that he was a member of survey party constituted under Scheme called Rajeev Gandhi Ashray Yojana, to grant Patta to Urban Homeless Poor Persons, who were living before 31.5.1998.

(3.) In short, the prosecution case is that complainant Shiv Balak Patel (PW4) was living in the hut which was situated, on Nazul Land, at Bagda-dafai, Polipathar, Jabalpur. His hut was damaged in earth quake, in the year of 1997. He was constructing a house at the same place, where his hut was situated earlier. In the month of May 1998, appellant Jagdish Chandra Raikwar surveyed this area and threatened complainant to demolish his under construction house.