MINTU DUBEY. Vs. UNION OF INDIA

JUDGEMENT

(1.) This criminal appeal under Section 374 of the Code of Criminal Procedure has been preferred by the appellant being aggrieved of the judgment dated 6/11/2012 passed by the Second Additional Sessions Judge/Special Judge, CBI, Jabalpur in Special Case No.12/2010, whereby the present appellant has been convicted along with other accused R.C.Mishra and is sentenced as under:

(2.) In brief, the case of the prosecution is that on 21.4.2009 a complaint was filed by the complainant Rakesh Kumar Tiwari (PW-6) before the Central Bureau of Investigation (for short CBIâ ), Jabalpur wherein it was alleged that he is an authorized officer of M/s Rohit Coal Depot, which is registered with Northern Coal-fields Limited (NCL) to participate in the coal auction and in one such auction they had purchased 1000 metric tons of coal. It is further stated by the complainant that the coal, which is to be lifted, is required to be weighed on the weigh bridge, which is being supervised by the Sales Manager R.C. Mishra who is asking for a bribe of Rs.50,000/- at the rate of Rs.50/- per ton in order to weigh the coal and because of this reason the lifting of coal is hampered since 14.4.2009 and they are informed by R.C.Mishra that until Rs.50,000/- is given to him, he shall not allow to lift the coal. On this complaint, the CBI came into action and after voice recording of the conversation between the complainant and R.C.Mishra, a trap was arranged. A verification memo (Ex.P-100) was also prepared in this behalf.

(3.) After completing the investigation, the charge sheet was filed against the accused persons R.C.Mishra and Mintu Dubey. The learned trial Court, after recording the evidence of the prosecution and the plea of the accused persons, convicted and sentenced the appellant and co-accused R.C.Mishra under aforesaid sections as mentioned in para 1 of this judgment. Being aggrieved of the same, present appeal has been preferred by the appellant Mintu Dubey.