PANCHANAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 17.2.1990 passed in Special Case 35 No. 34 of 1983 by Shri N. C. Lala, Special Judge, Vigilance, Patna whereby and whereunder be found and held the appellant guilty and convicted him under Section 161 of the Indian Penai Code (hereinafter to be 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 to be referred to as the Act) and sentenced him to undergo rigorous imprisonment for one year under first count and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 250/ - and in default of payment of fine to undergo rigorous imprisonment for three months under the second count, both the sentences 5 having been ordered to run concurrently.

(2.) THE appellant, a public servant was posted as Amin at Athar Consolidation Office. The complainant Prahlad Rai (P.W.2) was a resident of village Kukurbhukka which also fell within the jurisdiction of Athar Consolidation Office. The appellant was the Amin in respect of the complainant ';s village as well. In course of Consolidation Proceedings wrong and incorrect 10 Chak was carved out for the complainant (P.W.2). The complainant (P.W.2) and his father Ramkar Rai (PW 13) approached the appellant for making necessary amendment and correction in his Chak. The appellant demanded illegal gratification of a sum of Rs. 500/ - which was ultimately reduced to Rs. 250/ - for making correction.

(3.) AFTER submission of verification report a raiding party headed by P.W.3, Bihari Lal, D.S.P., 25 Vigilance consisting of P.W.5 Indradeo Prasad, Sub - Inspector of Vigilance, P.W.6 Harendra Kumar Singh, A.S.I., Vigilance, P.W.7 Mundrika Choudhary, S. I., Vigilance, P.W.8 Prabhu Dayal, A.S.I., Vigilance P.W.9 Dharmnath Prasad, Magistrate and others was constituted to lay a trap to apprehend the appellant red -handed while accepting the bribe. P.W.11 asked P.W.2 to see him at I.B. of Irrigation Department at Arrah on 18.4.1983. The raiding party proceeded from 30 Patna to Arrah and it reached the aforesaid I.B. on 19.4.1983 in the evening at late hours. The members of the raiding party halted there in the night. In the next morning, i.e., on 20.4.1983 P.W.2 produced cash worth Rs. 250/ - recomprising two G.C.notes of the nomination of Rs. 100/ - each and one G.C.note of the nomination of Rs. 50/ - before the D.S.P. (P.W.2) who prepared memorandum (Ext.3) with the numbers of the notes recorded thereon. The G.C.notes referred to 35 above were returned to the complainant (P.W.2) with a direction to him to give the same to the appellant only on demand. P.W.11 was instructed to remain with P.W.2 and see the transaction of giving and taking of money and to give signal by rubbing his head when the appellant accepted the bribe money.