SURYABALI DIXIT Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 24-2-1999 passed. by Special Judge, Mandla in Special Case No. 4/86, whereby the appellant was convicted and sentenced as under :-

(2.) Undisputed facts of the case are that the appellant, at the relevant point of time, was working as a Forest Guard at Beat Mautola and Forest Guard in-charge of Kakaiya Beat as its Forest Guard Hari Datt Armo (P.W. 1) was on leave from 21-5-1983 to 27-5-1983. On 28-5-1983 at about 2.40 p.m., at Sanjay Chowk in Bamhani, three currency notes, two in the denomination of Rs. 20/- and one note in the denomination of Rs. 10/-, treated with Phenolphthalein, were recovered from the right pocket of the appellant's bush shirt.

(3.) Briefly stated, prosecution case is that in the evening of 24-5-1983, the appellant had apprehended complainant Jagat (P.W. 4), a resident of Village Silgi, while transporting forest timber in a bullock cart but, after seizing the wood, entrusted the same to the complainant on Supurdginama. He also demanded a sum of Rs. 50/- for not taking any.further action in the matter. The appellant repeated the demand on 27-5-1983 with a threat that if the amount was not paid till the evening of the following day in Bamhani Market, he would register a theft case. Not willing to pay the bribe, the complainant submitted a complaint (Exh. P-5) before the Superintendent of Police (Lokayukta). After observing necessary formalities in the presence of Deputy Collector Mansa Ram Thakur (P.W. 9), a trap was arranged by Inspector Ravi Mishra (P.W. 7) with the assistance of Inspector Hanumant Singh (P.W. 6).