CHETRAM Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction dated 19.3.82 of the Court of Shri B.K. Jam, Special Judge, Jabalpur, in Special Case No. 9/80, sentencing the appellant under section 161 I P.C. for one years R.I. and a fine of Rs. 100/-, in default to undergo R.I. for 3 months; and under section 5(2) of the Prevention of Corruption Act, to undergo R.I. for 1 year and to pay a fine of Rs. 100/., in default of which he was to suffer 3 months R. I. The substantive sentences were to run concurrently.

(2.) The accused-appellant was a Patwari of village. Tilhari on the date of the offence. Halkibai the mother of the complainant Motilal (P.W. 1), owned some lands in village Tilhari just adjoining to the government land. Complainant Motilal wanted the adjoining government land for agricultural purposes. He wanted the helping hand of the Patwari who demanded a bribe in presence of Kodolal (P.W. 3). An amount of Rs. 25/- was agreed as bribe Rs. 5/- were paid in advance and the balance amount of Rs. 20/- was paid on 4.9.79. Nariman (P.W. 2), Bansgopal (P.W. 6) were the members of the trap-party. After handing over the amount of Rs. 20/-, recovery of the said amount was made in presence of P.W. 2, P.W. 4 and P.W. 6. The necessary sanction to prosecute the accused was obtained.

(3.) The case of the accused was that Motilal (P.W. 1) had taken a loan of Rs. 20r from the accused Chetram Vs. The State of M.P. about 3 months prior to the occurrence and had been demanding the said amount which was paid to him back on the date of the occurrence. The acceptance of Rs. 20/- is admitted by the accused. The trial court found the appellant guilty and convicted him as stated above. The accused had examined some witnesses in defence. Govind Singh, Naib Tahsildar, Jabalpur, examined as D.W. 3 stated that there was no land fit for allotment in the vicinity. Motilal had already lodged a report complaining of illegal allotment of the government land. He had not filed any application for allotment.