UMA SHANKAR Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the conviction of the accused/appellant for offences punishable under section 161. I.P.C. and under section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act and sentenced for each of the above offence to R.I. for 1 year by judgment dated 24-10-94 in Special Case No. 4/88 by Special Judge, Jabalpur.

(2.) The undisputed facts are that the accused/appellant Uma Shankar was the Chief Municipal Officer, Municipal Committee, Panagar, at the time of trap, which took place on 24-8-84. The complainant Member Prasad (P.W. 2) was a contractor and had obtained a contract for the digging and construction work of well in Vivekananda Ward of Panagar. The complainant Member Prasad (P.W.2) in connection with the above work had deposited security amount, with Municipal Committee, Panager. It is also not disputed that on 24-8-84 two currency notes of Rs. 100/- were recovered from the possession of accused/appellant by the trap party led by Inspector (Vigilance) Subhash Kumar Mishra (P.W. 5) in the presence of Member Prasad (P.W. 2) and others. The present charge-sheet has been filed after duly obtaining sanction from the Government.

(3.) The prosecution story in brief is that the accused/appellant was obstructing and resisting the refund of security amount of Rs. 600/- to complainant Member Prasad (P.W. 2) and had made illegal-demand of Rs. 200/- for the refund of the same. On feeling harassed complainant Member Prasad (P.W. 2) lodged a written complaint (Ex.P-2) addressed to Police Superintendent (Vigilance). After receiving the complaint (Ex. P-2) Inspector (Vigilance) Subhash Kumar Mishra (P.W. 5) arranged for the trap. He called for the two currency notes of Rs. 100/- from the complainant Member Prasad (P.W. 2) which were got initialed by City Magistrate, Rajendra Sharma (F.W. 6). The said currency notes were treated with phenolphthalein powder and were kept in the upper pocket of the Kurta of complainant Member Prasad (P.W. 2) with the direction that he shall not touch those currency notes till he pays the same to the accused! appellant and that after making the payment, he shall give pre-arranged signal to the trap party. Inspector. Subhash Kumar Mishra (P.W.5) prepared Panchnama (Ex. P-3) regarding these initial steps taken towards the trap proceedings.