HARIPRASAD LAL SHRIVASTAVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal is directed against the conviction and sentence dtd. 30/6/1998 passed by Special Judge, Mandla (M.P.) in Special Case No. 02/1996, whereby the appellant has been found guilty for the offence punishable under Ss. 7, 13(1)(d)(i) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 and sentenced to undergo Rigorous Imprisonment for one years with fine of Rs.1,000.00 and Rigorous Imprisonment for two years with fine of Rs.1,000.00 respectively with default stipulations. The appeal is prosecuted by the legal heirs of the appellant, who expired on 31/12/2006, during the pendency of the appeal.

(2.) According to prosecution, the appellant was at the relevant time working as Block Development Education Officer at Bijadandi, district Mandla. Complainant Shankar Das Sonwani (P.W.-2) was working on the post of Teacher at Primary School Vijaypur, Bijadandi. The complainant was transferred from Vijaypur to Lalpur, Development Block, Shahpura on 27/7/1993.

(3.) As per complainant, his salary was stopped from July 1993 to September, 1993, he therefore, approached the appellant for release/issuance of the salary for the aforestated period of three months. The appellant, it is claimed, demanded a bribe of Rs.1,000.00 to release the salary. The complainant paid him Rs.500.00, after which his salary for two months was released. However, the appellant did not release the salary for 15 days and again demanded Rs.500.00. As the complainant was not willing to pay the said amount, he approached the Lokayukt office, Jabalpur and submitted a written complainant. (Ex. P-11).