CHARANLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 07.07.1999 passed by Special Judge (Prevention of Corruption Act), Chhindwara in Special Case No.4/92 convicting the appellant under sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 and sentencing him to rigorous imprisonment for one year with fine of Rs.500/- on each count, respectively. Sentences of imprisonment on both counts concurrent.

(2.) The accusation against the appellant is that on 26.7.1990, he as a public servant being Patwari of village Khunajhirkhurd, demanded and accepted Rs.500/- by way of illegal gratification from complainant Sabba for providing him Pavti of his agricultural land.

(3.) According to prosecution, M.V.Bhandare, S.D.O. Police, Chhindwara on 26.7.1990 received an application from Joint Collector/Vigilance Officer, Chhindwara namely Manish Shrivastava wherein complainant Sabba had made a written complaint to Collector, Chhindwara that Patwari Charanlal Dhurve was demanding Rs.1000/- for making mutation of his land and giving Pavti in respect to it. According to complainant, about a year back, he had purchased four acres and 26 decimal agricultural land through registered sale deed from Manak Gabli. On the basis of the said registry when he approached to Patwari for obtaining Pavti, he demanded Rs.1000/-. He agreed for the payment of said money in instalments of Rs.500/-. It was agreed that first instalment of Rs.500/- would be paid on 26.7.1990 at his residence. Since he wanted Patwari to be caught taking bribe, he submitted the said application to Collector which was marked to Joint Collector Manish Shrivastava. On the said complaint, Manish Shrivastava, R.S.Thakur, Deputy Collector, M.S. Verma, SDO (P), Chhindwara, Arvind Kumar Shukla and Sopchand planned a trap. They obtained five currency notes of Rs.100/- each from the complainant, M.V.Bhandare and Manish Shrivastava made their initials on the notes and prepared a panchnama recording the numbers of the aforesaid notes. They handed over these notes to complainant and asked him to go with Sopchand to the house of accused and deliver the same to him. He was also instructed to give a signal when the said money was accepted by the accused. Complainant and Sopchand went at the house of accused and other members of the trap party followed them. Complainant went in the house of accused and after two minutes came out and gave prefixed signal to the trap party. Immediately the members of the trap party went in the house of accused and caught him. Accused informed them that the money received by him was kept by him in his polythene bag on the other side of partition of the room. Aforesaid currency notes of Rs.500/- were recovered from the polythene bag and immediately memorandum Ex.P/9 and Ex.P/10 were prepared. Sanshodhan Panji and sale deed were also seized. Numbers of currency notes tallied with the numbers recorded in memorandum.