ABDUL RAHMAN SHEIKH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment and finding dated 28-1-1993 passed by First Additional District Judge, Indore in Special Case No. 36/91 convicting the appellant for the offence punishable under Section 161, IPC and Section 5 (2) of the Prevention of Corruption Act (for short, 'the Act') and sentenced to RI for 2 years and fine of Rs. 1000/-, respectively, in default of payment of fine further sentence of two months. Both the sentences were directed to run concurrently.

(2.) THE appellant was posted as a Patwari on 23-7-1984 at Tahsil Badwah, District West Nimar on Halka No. 07 as a Public Servant. It is alleged by the prosecution that father of complainant Vishnu Prasad (P. W. 1) had purchased some agricultural land from the Ganpat s/o Lalchand resident of Sendhwa. Complainant Vishnu Prasad had submitted an application for mutation of name in the name of his father, in the land record but the application was pending since long and accused did not start mutation proceedings. Therefore, complainant Vishnu Prasad alongwith his friend on Bharos met the accused on 14-7-1984 at his residence where the accused/appellant demanded bribe of Rs. 200/- for doing his work. The complainant agreed for paying only Rs. 100/- and the same was agreed to be paid on 23-8-1984 in Badwah market. Since the complainant did not want to pay bribe amount, he lodged complaint in the office of the Lok Ayukt, Indore, Ex. P-1 and on this complaint, after performing the preliminary proceedings about the trap, Panchnama Ex. P-l was prepared and the trap party proceeded in a Government jeep on 23-7-1984 at 2. 30 P. M. for Barwani. Both the shadow witnesses Laxmansingh (P. W. 2) and Hari Prasad (P. W. 3) were given instructions to see and hear the conver- sation of the transaction about the acceptance of the payment of bribe amount, between the complainant and the accused/appellant.

(3.) AS per the prosecution case on 23-7-1984 in the evening at 4. 00 PM the trap party reached at Badwah headed by Babu Singh (P. W. 5), Investigating Officer/inspector. Complainant Vishnu Prasad (P. W. 1) along with the only shadow witness Laxman Singh (P. W. 2) was sent first towards destiny followed by other constables. Inspector Babu Singh (P. W. 5) and another shadow witness Hari Prasad (P. W. 3), Gazetted Officer along with the members of the trap party, were standing on the road in front of one Navrang Tea Stall. Complainant Vishnu Prasad and the accused/appellant went inside of one Kiran Cafe House situated in Badwah market and other panch witness Laxman Singh (P. W. 5) along with other members of the police force sat on the bench underneath the front shade of Kiran Cafe House. After some time, accused/appellant and the complainant came out of the Kiran Cafe House and the complainant Vishnu Prasad gave signals as per the instructions given by the trap party. On these signals, Hari Prasad (P. W. 3) and Constable Bansidhar Joshi immediately reached there, caught hold of the hands of the appellant. Thereafter Inspector Babu Singh (P. W. 5) and panch witness Jai Prakash Rai (P. W. 4), Assistant Collector reached there and disclosed their identity. Panchnama Ex. P-3 was prepared on the spot for seizure of bribe money i. e. , two currency notes of denomination of Rs. 50/- and about performance of other proceedings, demonstration of washing of hands in the solution of Sodium Carbonate which turned in pink, were carried out. After usual investigation, charge-sheet was filed for the aforesaid offences. Appellants denied the charges. According to him, one Ramnarayan had given hundred rupee note to the complainant for purchasing books for his son. The said hundred rupee note was put inside the pocket of the appellant by the complainant Vishnu Prasad with the instruction that he (accused) was to purchase and bring books for the child of Ramnarayan. In defence, he examined Abdul Rahman (D. W. 1 ). After trial, the Trial Court found the appellant guilty and convicted him as indicated above.