M L CHOURASIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant against the judgment dated 21.12.1999 of Special Judge, Shahdol in Special Case No. 1/94 whereby the appellant has been convicted for alleged offence punishable under Section 7 and Section 13(1)(d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act") and sentenced to R.I. for five years and fine of Rs.5,000/-, in default of payment of fine to further undergo R.I. for one year .

(2.) IN short, the facts of the case are that appellant was posted as Sub- Engineer in Aadiwasi Block Office, Sohagpur district Shahdol where complainant Bhanupratap Singh (PW 6) was Sarpanch of village Jamui of PS Shahdol District Shahdol. Panchayat was allotted work(contract) of building 25 Kutir Cottages under INdra Awas (development) worth Rs.2,50,000/- for upliftment of poor persons which was given by Block Development Officer (in short B.D.O.). The work was to be supervised and verified by Sub-Engineer, the appellant (M.L. Chourasiya). It is alleged that the work was completed and Rs.65,000/- (Rs.Sixty five thousand only) was out standing which was not paid to Gram Panchayat Jamui by B.D.O. S.K. Pandey (since dead) and the appellant Sub-Engineer. S.K. Pandey and appellant demanded Rs.30,000/- (Rs.thirty thousand only) bribe for disbursement of the unpaid amount Rs.65,000/-. The complainant requested that he had worked with honesty and there was no saving, however, he agreed to give Rs.20,000/- to both i.e. Rs.10,000/- to each. Meanwhile the appellant stated that he had to prepar measurement book etc. so, he will charge extra money of Rs.5,000/-, as bribe. The complainant Bhanupratap Singh was not willing to give bribe. IN the meanwhile it came to his knowledge that on 7.12.1991 at Circuit House Shahdol vigilance party had arrived, so, he with his companion Kapoorchand Katare (P.W.3) approached to the vigilance party where the complainant gave an application Ex.P/1 in writing and requested to do needful. Shri K. L. Mishra (PW 8) Dy. Superintendent of Special Police Establishment (in short `police'), entertained the application and called Shri M.K.Ghosh (PW 1) Dy. Director-cum-Treasury Officer to witness the trap. Shri M.K.Ghosh (PW 1) visited the circuit house Shahdol. He was introduced with complainant, who had given written complaint Ex.P/1. K. L. Mishra (PW 8) enquired from complainant and when he satisfied himself then Shri J.P. Ahirwar (PW 10) Town INspector SPE Lok Ayukta, Rewa was given task of raid. Shri J.P. Ahirwar (PW 10) obtained Rs.25,000/- in denomination of Rs.100/- notes from the complainant and numbers of the notes were noted down on a paper and phenolphthalein powder was applied on the notes and handed over to him (complainant). Notes of Rs.15,000/- were to be given to M.L.Chourasiya and Rs.10,000/- to S.K.Pandey B.D.O. He was strictly warned not to touch notes, before giving the same to the accused, for which panchnama Ex.P/3 was prepared then he was asked to give the signal to trap party.

(3.) AFTER usual investigation and obtaining requisite sanction Ex.P/9 from the competent authority, charge-sheet was filed in the Court of Special Judge, Shahdol.