SONELAL TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) ON the death of the sole appellant normally this appeal would have got abated. But appellant's widow Smt. Krishna Bai applied for resuscitation of the appeal presumably because she was not inclined to bear the stigma fastened on her late husband with the finding of the High Court that he was guilty of corruption charge. Hence, she availed herself of the remedy envisaged in the proviso to section 394 (2) of the Code of Criminal Procedure and applied for leave to continue the appeal. Leave was granted after condoning the delay involved in making the aforesaid application.

(2.) APPELLANT was accused in a case tried by a Special Judge for the offence under section 5 (2) of the Prevention of Corruption Act 1947. He was acquitted of the said charge by the trial Court but was convicted by the High Court on an appeal filed by the State in reversal of the finding of the trial Court. He was sentenced to rigorous imprisonment for three months and a fine of Rs. 500/ -. He preferred the present appeal by special leave.

(3.) MORE details of the case are these: PW1 - Sewa Ram got a sale -deed in respect of 50 acres of land. He approached the appellant for certification of the said sale -deed for facilitating mutation proceedings. Appellant demanded a sum of Rs. 100/ - as remuneration for doing the said official act. After some haggling the amount was settled at Rs. 50/ - PW 2 (Ishwari Prasad Shukla) and PW 4 Jagdish prasad (who was the local Patwari) were also present when the amount was settled at Rs. 50/ -. PW 1 was to pay the amount on the next day. But he, instead of going to the appellant with the money, first went to the Vigilance Office an~ lodged a written complaint (Ex. P1) with PW10 - Jagdev Ram Bharkuria (Deputy Superintendent of Police - Vigilance Wing). He prepared a trap for catching the appellant when bribery would be collected in hand. On 1.12.1979, PWI handed over the marked currency notes to the appellant and the latter kept them on the table beneath his bag. Abruptly, the Vigilance Officer dashed in and caught him red -handed. Phenolphthalein test was conducted on the fingers of the appellant which showed positive result.