R L SHUKLA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against the judgment dated 2nd September, 2002 delivered by Special Judge, Satna in Special Case No. 15/94 whereby the appellant has been convicted for alleged offence punishable under Section 161 of Indian Penal Code (for short "IPC") , and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as "the Act") and sentenced to R.I. for three years and fine of Rs.10,000/-, in default of payment of fine to further undergo S.I. for six months on each count respectively. Substantive sentences have been directed to run concurrently.

(2.) IN short, the facts of the case are that appellant was posted as Naib Tahsildar at Tahsil Headquarter Amarpatan, District- Satna. Case No. 7A-27/86-87 as to agricultural property for recording the name was going on in the Court of appellant in which one of the party appointed Mandan Mohan (PW.1) as their representative. The final arguments were heard on 30.03.88 and case was reserved for delivery of judgment on 31.03.88. The allegation of Madan Mohan (PW.1) was that appellant demanded Rs.8,000/- to do the judgment in favour of party of the complainant Madan Mohan (PW.1), on which Madan Mohan (PW.1) agreed to pay Rs.5,000/- and it was agreed to give the money on 25.4.88. As complainant Madan Mohan (PW.1) did not want to give the bribe so he approached SPE (Lokayukta), Rewa and reported the matter vide Ex.P/1 to V.D.Handa (PW.10) the then Deputy Supdt. of police. K.L.Gupta (PW.5) the then Deputy Registrar, Cooperative Societies was called and complainant Madan Mohan (PW.1) was introduced to him who verified the facts from the complainant and read complaint Ex.P/1 and then trap was arranged. V.D.Handa (PW.10) obtained Rs.5,000/- from complainant and demonstrated the effect of phenolphthalein powder to complainant and other witnesses. He arranged for trap and asked complainant to handover the bribe money of Rs.5,000/- to appellant and give a signal. A pre-trap Panchnama Ex.P/2 was prepared.

(3.) PROSECUTION examined 12 witnesses to establish its case viz., Madan Mohan (PW.1), Gaya Prasad (PW.9) shadow witnesses, K.L. Gupta (PW.5) independent witness, Gajraj Prasad Dwivedi (PW.4) Constable (Panchnama witness), Rajbahoran Tiwari (PW.8) Constable who carried the seized bottles of solution for chemical examination to FSL, Sagar, V.D. Handa (PW.10) Dy.Supdt. of Police and Investigation Officer as well as leader of trap party, Ramrup Mishra (PW.11) Inspector, R.B. Singh (PW.12) Inspector, D.N.Bille (PW.2) UDT for sanction, Mushtaq Ali (PW.3) for proving service of appellant as Naib Tahsildar, Bhupendra Singh (PW.6) SDO to prove service of Naib Tahsildar appellant and Prem Lal Kushwaha (PW.7) Reader of Court of appellant.