SHYAMLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The accused/appellant stands convicted u/S. 161 of the IPC and u/S. 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the Act for short) for committing criminal misconduct by having demanded and accepted illegal gratification of Rs. 500/- from complainant Umesh Kumar Pandey and sentenced to R.I. for 1 year on each of the above counts and also to pay fine of Rs. 100/- u/S. 5(2) of the Act, by judgment dated 17th June, 1988 in Spl. Cr. Case No. 14/1986 by Special Judge and I Additional Sessions Judge, Rewa.

(2.) The accused/appellant was a Patwari at the relevant time and posted at Boda-Bagh, Rewa and thus a public servant. Indisputably, the complainant Umesh Kumar Pandey (P.W. 1) had purchased agricultural land by registered-deed, copy of which is Ex. P/1, from one Sukhwati and had submitted an application before the appellant Shyamlal for mutation of his name on the said land.

(3.) The prosecution case is that the accused/appellant Shyamlal, for initiating action for the mutation of the name of complainant Umesh Kumar Pandey (P.W. 1), had demanded Rs. 2,000/- and since the complainant Umesh Kumar Pandey did not want to pay him the amount, he approached the S.D.O., Tahsil : Huzur, District Rewa and submitted an application (Ex. P/2) for issuing necessary directions to the accused/appellant for taking action for mutation. The S.D.O. endorsed the application, directing the accused/appellant to immediately issue Rin Pustika in favour of the complainant Umesh Kumar Pandey. The complainant Umesh Kumar Pandey again approached the accused/appellant for doing the needful, upon which the latter told him that he should pay Rs. 500/- immediately and to pay the balance amount later. Since the complainant did not want to pay the above amount, he approached the Superintendent of Police, Lokayukt, Rewa and submitted an application (Ex. P/8).