RAJENDRA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall govern the disposal of Cr. A. No. 238 of 90 (Rajendra Prasad v. State of M.P.) and Cr. A. No. 239 of 1990 (Azizuddin Qureshi v. State of M.P.) filed by the accused persons challenging their conviction and sentence passed by the Special Judge, Ujjain in Spl. Case No. 3 of 1986 dated 15-6-1990, whereby the appellant Rajendra Prasad has been convicted under S. 161, IPC, S. 5(1)(d) and S. 5(2) of the Prevention of Corruption Act and sentenced to undergo R.I. for 2 years, 2 years, and fine of Rs. 2000/- respectively. Appellant Azizuddin Qureshi has been convicted under Section 161, IPC, S. 5(1)(d) and 5(2) of the Prevention of Corruption Act and sentenced to undergo R.I. for 2 years, 2 years, and fine of Rs. 10,000/- respectively for committing the aforesaid offences. The sentences of both the accused are directed to run concurrently.

(2.) The facts leading to these appeals, in short, are that the State of M.P. through Special Police Establishment (Divisional Lokayukt Office, Ujjain) filed a charge sheet against the present accused persons before the Special Magistrate, Ujjain on the allegation that on 8-7-1985 they being the public servants and in that capicity as public servants they took Rs. 1200/- from one Jaiprakash which was not their legal remuneration for charging the timing of the bus run by Javabhai Mohammed and as such boy committed the offences under Sections 161, IPC, S. 5(1)(d) read with S. 5(2) of the Prevention of Corruption Act.

(3.) It is a common ground that both the accused persons are Public Servants and accused Azizuddin Qureshi was working as the Regional Transport Officer, Ujjain at the relevant time and accused Rajendra Prasad Dwivedi was upper division clerk in the same office at the time. According to the prosecution story permits were issued for operating buses from Dewas to Berotha. These permits were given to private parties. A temporary permit was also issued on the same route in favour of P.W. 11 Rameshchand Sharma. On that route P.W. 2 Jaiprakash Sharma was operating the bus on that permit. The time allotted to the aforesaid Jaiprakash Sharma being inconvenient, he wanted to change the timing of the permit of M/s. Javabhai Mohammed. Therefore, the aforesaid Jaiprakash Sharma filed an application on 13-6-1985, Ex. P4, before the R.T.O. Ujjain. Thereafter another application was also filed on 18-6-1985. On the second application 1-7-1985 was fixed for hearing of both the parties. On that date the arguments were heard and Shri Kemkar Advocate appeared on behalf of Sharma. On 1-7-1985, after hearing the arguments, order on the application was reserved.