BALRAM KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant having been convicted and sentenced by learned Special Judge, Chamba in Sessions Trial No. 05/2010 on 30.12.2011 has come in appeal against his conviction and sentence.

(2.) The prosecution case, in brief, is that in the year 2009 the appellant was posted as Credit Planning Officer in the office of Deputy Commissioner, Chamba. PW-5 Subhash Chand used to supply material to government schools through his firm Shubh Kamal Traders. On 31.3.2009 PW-5 received supply orders from the Deputy Director, Elementary Education, Chamba for supplying sports material to government schools. The Deputy Director, Elementary Education, Chamba had constituted an inspection committee consisting of three members including the appellant as nominee of Deputy Commissioner, Chamba for inspection of material to be supplied. On 30.6.2009 the appellant called complainant to his office and asked him to pay an amount of Rs. 58,000/- commission and told him that in case said money was not paid to him, he would get the supply order rejected. At this, the complainant gave cheque Ex.PW-5/A amounting to Rs. 58,000/- to appellant.

(3.) The further case of the prosecution is that, after six days, the appellant changed his mind and instead of payment through cheque, he demanded on phone Rs. 58,000/- from Subhash Chand in two instalments, Rs. 45,000/- in cash before inspection and Rs. 13,000/- in cash after inspection. PW-5 lodged complaint Ex.PW-2/A to the police and thereupon FIR Ex.PW-2/B came to be registered. PW-5 handed over Rs. 45,000/- in cash to the police for laying trap. PW-13 D.K.Chaudhary constituted a raiding party and told the procedure to be adopted by the raiding party for laying trap to nab the appellant on receiving the bribe money. PW-5 was told to hand over Rs. 45,000/- currency notes smeared with phenolphthalein powder to appellant on demand.