SHIVA BHADORIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both Criminal Appeals arise out of Judgment and Sentence dtd. 29/10/2021 passed by Special Judge (Prevention of Corruption Act), Gwalior in Special Case No.300013 of 2016 by which the Appellants have been convicted for the following offences :

(2.) The prosecution story in short is that on 24/6/2014, the complainant Aslam Khan made a written complaint to Superintendent of Police, S.P.E. (Lokayukut) Gwalior unit that he and his brother Ashiq Khan are having total 5 bigha of land in village Kulaith. He and his brother Ashiq Khan have a doubt that area of survey no. 980 and 944 is less, therefore, they wanted to get the said land demarcated. Since there is no dispute regarding ownership, therefore, he made an application for demarcation in Jan Mitra Suvidha Kendra, village Kulaith on 23/5/2014 along with Khasra, Aks as well as requisite fee. The last date for completion of demarcation was 13/6/2014. 7 days after making application, he met with Appellant Anand Kumar Shukla and requested for demarcation, then Appellant Anand Kumar Shukla directed him to meet the Appellant Shiva Bhadoriya and also instructed him that he should pay the amount which will be demanded by her. Accordingly, he met with Appellant Shiva Bhadoriya, who demanded Rs.15,000.00 @ Rs.5,000.00 per Bigha. After negotiations, She agreed for Rs.7,000.00 and clarified that without illegal gratification of Rs.7,000.00 She will not carry out the demarcation. Since, he is not interested to pay Rs.7,000.00 to the Appellant Anand Kumar Shukla and Shiva Bhadoriya, therefore, complaint was made.

(3.) Accordingly, the Superintendent of Police, directed Atul Singh to investigate the matter. On 24/6/2014 itself, Atul Singh, in order to verify the contents of the complaint, gave a digital voice recorder to the complainant and instructed him to record the conversation. The complainant was also informed about the manner of operating the voice recorder. Constable Bhag Singh was also sent along with the complainant. While the complainant was going towards the house of Appellant Shiva Bhadoriya, She met him on his way. Thereafter, at the request of the Appellant Shiva Bhadoriya, he went to Phool Bag Square with Shiva Bhadoriya on his motor cycle and also got the conversation recorded. He handed over the voice recorder to Bhag Singh in a sealed condition after keeping the same in an envelop. As the investigating officer Atul Singh was busy in other matters, therefore, Bhag Singh, kept the sealed envelop containing voice recorder in an Almirah. On 26-6- 2014, the sealed envelop was opened and panchnama was prepared.