SHEO KUMAR SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant was convicted under Section 161 of the Indian Penal Code (hereinafter referred to as the Code) as well as under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act (hereinafter referred to as the said Act) and he was sentenced to undergo rigorous imprisonment for one year under the first count and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo rigorous imprisonment for six months under the second count, both the substantive sentences, having been ordered to run concurrently.

(2.) The prosecution case, as unfolded in the first information report and the evidence of the prosecution witnesses was, in brief, as follows :

(3.) On the next day i.e. on 19.4.1985 in accordance with the direction of the DIG, Vigilance a raiding party headed by Arvind Prasad, Deputy Superintendent of Police, Vigilance (PW 7) with Baidehi Sharan Mishra,. Special Magistrate (PW 10), Ram Dayal Singh (PW 1), Md. Sarwar Khan (PW 2), Md. Nizam (PW 3), Ram Kumar Prasad (PW 4), Jang Bahadur Sao (PW 5), Zahir Ahmad (PW6), Pramod Kumar Singh (PW 8), Lal Bahadur Singh (PW 9). Sharda Nand Singh (PW 11) as its members was organised to lay a trap to catch hold of the appellant red handed while accepting illegal gratification.