GHANSHYAM Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Ghanshyam has been convicted under Section 161, IPC and Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1947 and sentenced to rigorous imprisonment for two years on each count.

(2.) IT is not in dispute that accused Ghanshyam was Assistant Superintendent of Post Offices at Sagar. Asharam (P. W. 1) was Extra Departmental Messenger. He was transferred and posted as a Peon in City Post Office at Sagar. He was earlier getting remuneration of Rs. 247/- per month and after his posting as Peon he started getting an amount of Rs. 550/- per month. It is further admitted that on 31-1-1986 at about 5. 00 P. M. Asharam (P. W. 1) gave an amount of Rs. 80/- to the accused near Natraj Hotel. This amount consisted of four currency notes of Rs. 20/- each. This amount was seized from him as per seizure memo Ex. P-14. The hands of accused Ghanshyam were washed in the solution of the Sodium Carbonate and the colour of the liquid became pink.

(3.) THE prosecution case is that the accused was demanding an amount of Rs. 50/- per month from Asharam (P. W. 1) as illegal gratification and he was threatening him that on failure to pay this amount per month he would again revert him to the post of Extra Departmental Messenger. Asharam (P. W. 1) paid an amount of Rs. 20/- to the accused. He promised to pay the remaining amount of Rs. 80/ -. Asharam (P. W. 1) submitted his complaint Ex. P-1 in the Office of Lokayukta, Sagar to the D. S. P, He directed M. P. Dubey (P. W. 4), an Inspector to arrange the trap. B. K. Shrivastava, working as a Principal in Basic Training Institute, Sagar was called as a witness. He was shown complaint Ex. P-l. Asharam (P. W. 1) produced four currency notes of Rs. 20/- each. These were smeared with phenolphthalein powder by Baburam, a Clerk. Preliminary Panchnama (Ex. P-2) was prepared. These notes were kept in the pocket of the coat of Asharam (P. W. 1 ). He was given usual instructions. Asharam (P. W. 1) went to the house of the accused but he was not. available there. He searched him and found him in Civil Lines. Asharam (P. W. 1) gave the tainted currency notes to the accused and gave a signal to the trap party. On seeing the trap party the accused threw currency notes on the road. These currency notes were picked-up by B. K. Shrivastava and these were seized as per seizure memo (Ex. P-14 ). The Inspector recorded the report (Ex. P-16 ).