AJIT SINGH Vs. STATE

JUDGEMENT

(1.) The appellant has preferred present appeal assailing his conviction and sentence imposed on being found guilty for committing offence u/S. 5(1)(d) of Prevention of Corruption Act, 1947 and u/S. 161 of the IPC. He has been sentenced to undergo 1 year's R.I. and fine of Rs. 250/- on each count. In default of payment of fine to undergo R.I. for 3 months.

(2.) Appellant was holding post of Patwari in the Department of Revenue, State of Madhya Pradesh. As per prosecution, in order to demarcate land pursuant to order passed by Tehsildar on 24-1-1986 (Ex. P/11A) in Revenue Case No. 11-A/12-85-86, the appellant demanded from Kodu Lal S/o Godan a sum of Rs. 100/- as illegal gratification. Complaint (Ex. P/1) was lodged by Kodu Lal to Deputy Superintendent of Police, Lokayukta, Sagar on 22-3-1986. A trap was laid by party consisting of PW-3 Shri R. S. Choubey, holding post of Deputy Director of Agriculture; PW/7 Shri Y. K. Saxena, Sub-Divisional Officer, Irrigation Department, PW-8 Inspector Shri M.P. Dubey and other police personnel. Inquest (Ex. P/2) with respect to Rs. 100/- and process of trap was explained Kodulal and inquest of same drawn in the office prior to proceeding for raid.

(3.) On 23-3-1986, trap party proceeded to the village Rahli from Sagar. Kodu Lal was to utter words 'Jai Bhole' on meeting with the accused in order that trap party may identify him. On meeting of the accused and complainant, it was decided that they will meet at 'liquor shop' at 6.00 p.m. and money shall be paid at that time. At about 6.00 p.m. accused and complainant met and were going to 'liquor shop'. On the way, exchange of money took place, which accused put in his upper pocket of Kurta. PW/1 Kodu Lal signalled to trap party. Accused was caught red-handed. His hands were washed in a solution of sodium carbonate, which turned pink. Spot map (Ex. P/4)., seizure memo (Ex. P/5) of two currency notes of Rs. 50/- each, and seizure memo of Kurta were drawn. The letter of Tehsildar addressed to Patwari regarding demarcation of land was also seized from accused as per seizure memo (Ex. P/7). The original record of Tehsil of the revenue case pertaining to demarcation was seized as per memo (Ex. P/9). The application for demarcation is Ex. P/11 and other documents on file form B-6 is Ex. P/12, Khasra Ex. P/14. Map of land (Ex. P/16) are also placed on record. FIR (Ex. P/17) was reduced in writing by PW-8, case was registered. The packet containing phenolphthalein crystals, sodium corbonate, bottle Art. D containing hand wash of accused and Art. E. bottle containing washing of pocket of Kurta belong to accused were sent to Forensic Science Laboratory, Sagar. The articles tested positive as per report Ex. P/21.