CHAKRADHAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant against his conviction under section 161, Indian Penal Code and section 5 (J) (d) read with section 5 (2) of the Prevention of Corruption Act and sentence of one year rigorous imprisonment on each count the sentences are to run concurrently, awarded by Special Judge, Rewa in Special Criminal Case No 3/78, decided on 20.1.1979.

(2.) The prosecution case at the trial was that on 14-7-1975 the appellant was posted as Revenue Inspector in revenue circle Teonthar and in April 1977, the appellant was staying in a rented house in Teonthar. On 26-4-1977 Sheoram Singh (P.W. 1) went to the house of the appellant at Teonthar. At that time the appellant was sitting in the front room doing some writing work. He was only putting on an underwear and had nothing on his upper part of the body, it being summer season and was sitting on the ground on a Jajam. After arrival of Sheoram Singh (P.W. 1) at the house of the appellant, Ganga Prasad Dubey (P.W. 15), Jakir Hussain Hussaini (P.W. 6) and Ram Lakhan Singh (P.W. 14) also reached at the house. It is alleged that Ganga Prasad Dubey asked the appellant as to whether he had accepted illegal gratification from Sheoram Singh and the appellant denied the allegation. It is also alleged that thereafter the appellant picked up the currency notes in an Aala in the second room of the house and officer, Shri Ganga Prasad Dubey, out of that, returned Rs. 36/- to the appellant and seized the rest vide, Ex. P-3. It is alleged that the appellant refused to sign the seizure - memo.

(3.) According to the prosecution, in the year 1975, under the rules the Revenue Inspector was authorised to dispose of the mutation proceedings in case in which there is no dispute.