CHIRONJILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant Chironjilal has preferred the appeal being aggrieved by the impugned judgment dated 25-11-1993 passed by the Special Judge and 1st Additional Sessions Judge, Damon in Special case No. 8/92 whereby the appellant has been convicted under Section 161, IPC read with Section 7 of the Prevention of Corruption act 1988 (in short the 'act') and under section 13 (l) (d) of the Prevention of Corruption Act, 1988 and sentenced to undergo one year R. I. and fine Rs. 1,000/- in default six months R. I. and two years RI with fine of rs. 2. 000/- in default six months R. I. respectively.

(2.) THE admitted facts of the case are that the appellant Chironjilal was Head constable at Police Station Batiyagarh District damoh at the relevant point of time; the appellant was working as public servant.

(3.) THE case of prosecution in a nutshell is that in 1983 and 1985-86 Tatu Singh donated his 16 acres land and house to Kunj bihari (P. W. 1 ). But Smt. Bart Bahu wife of tatu Singh later on objected to it. Kunj bihari filed case for mutation, Bari Bahu filed objection in that case, she lodged FIR against the Kunj Bihari and his father keshavram Shukla of theft of ornaments. Kunj Bihari and his father Keshavram shukla obtained anticipatory bail and they went to Police Static Batiyagarh to file anticipatory ball papers, but they were compelled to remain in Police Station for 24 hours. SHO Vimal Kumar Jain told them that in how many cases they will obtain bail. SHO Vimal Kumar Jain and the appellant chironjilal demanded illegal gratification of rs. 5,000y- from the complainant, but alter negotiation it was settled that complainant shall pay Rs. 1500/- to them at the residence of either SHO Vimal Kumar" Jain or the appellant Chironjilal. It was settled that complainant shall pay Rs. 1500/- on 19-12-1986 to SHO Vimal Kumar Jain or chironjilal. Complainant Kunj Bihari presented an application Ex. P/l to S. P. Lokayukat; Sagar for arranging a trap. After completing the formalities and preparing the Panchanamas a trap was arranged.