BHUNESHWAR PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has been convicted under Sec. 161 of the Indian Penal Code and under Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act and has been sentenced to undergo rigorous imprisonment for two years under each count, the two sentences are to run concurrently.

(2.) The prosecution case, shortly stated, is that the appellant demand ed a bribe of Rs. 1,100/- from Shyam Behari Tewari (PW 4) for assisting him in keeping him out of a case in which one Chhabila Gond, who had been arrested, was said to have named Shyam Behari Tewari. Rs. 1,000 was paid first and while Rs. 100/- was being paid the appellant was arrested after a trap was laid by the Vigilance Department. It is said that after Rs. 100/- was paid to the appellant, he tucked the two 50 rupee notes into the fold of his Lungi. On being apprehended, he shouted at the constables at the Thana to pull the Lungi, which was done. and the two notes of 50 rupee each fell out and were thereafter recovered from the ground in his Office.

(3.) PW 4 lodged a written report before the Joint Secretary, Vigilance Department, on 27- 10-77, stating that the appellant was demanding bribe. The Joint Secretary Vigilance Department, directed one Shivanand Tewari (PW 2), an Inspector of the Vigilance Department, admittedly a relation of PW 4, to verify the report. On 28-10-1977, the appellant is said to have made a fresh demand for Rs. 100/- from PW 4 in presence of PW 2 and he was told that the money would be paid on 31-10-1977 On 29-10-1977 PW 2 submitted his report Ext. 3). A trap was, accordingly, organised, and, as stated above, Rs. 100/- was recovered. A formal F.I.R. (Ext. B) was lodged and the 'two reports, one dated 27-10-1977 and 29-10-1977, were annexed to the said FIR. It may be stated here that the formal FIR does not contain any report in regard to the incident of 4-11-1977, when the money alleged to have been paid and alleged to have been recovered from the appellant.