DWARKA PRASAD MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the judgment dated 10.10.1998 of Special Judge, in Special Case No. 67/94 whereby the appellant has been convicted for alleged offence punishable under Section 7 (1) and Section 13(1)(a) (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act") and sentenced to R.I. for one year and fine of Rs.1,000/-, in default of payment of fine, further undergo R.I. for four months and R.I. for two years and fine of Rs.2,000/-, in default of payment of fine further undergo R.I. for six months respectively.

(2.) In short, the admitted facts of the case, are that appellant Dwarika Prasad Mishra was a Lower Division Clerk and complainant Ram Milan Sharma (PW 3), was Peon, both were posted in the office of Lower Sihaval Canal Division, Churhat District-Sidhi. The appellant was also assigned additional charge to look after, preparation and passing of medical bills of department. Complainant presented a medical bill of Rs. 389.60p. which was pending with the appellant/accused for its preparation and passing. Previously also this medical bill was handed over to complainant with some objection and after removal of the objection he again submitted the bill for passing and reimbursement. The bill was to be passed by the then Executive Engineer of the department but necessary preparation and formalities were to be completed by the appellant/accused. Tainted notes were recovered vide Ex.P/4 from the accused and his pant was also seized vide Ex.P/5. Medical bill of complainant and Rs.1250/- were also seized from the house of accused/appellant.

(3.) In short, the prosecution case are that demand of Rs.50/- was made by accused from the complainant to prepare the Medical bill. The complainant was not willing to give bribe hence he gave an application Ex.P/1 in writing on 3.6.1987 and requested to do needful to Dy. Superintendent of Special Police Establishment Lok Ayukta Office Rewa (in short police ), who entertained the application and called Shri Vijay Singh Parihar (PW 6) Investigation Officer and Panch witness R.K. Shrivastava (PW 1). They were introduced with complainant, who had given written complaint Ex.P/1. They enquired from complainant and when they satisfied then the raid was organized.