TRIPURARI JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned counsel representing the Central Bureau of Investigation.

(2.) THE solitary appellant has preferred this appeal against his conviction for the offence under section 7 of the Prevention of Corruption Act (hereinafter referred to as "Act") and sentenced to undergo rigorous imprisonment for six months as awarded by Special Judge, Central Bureau of Investigation, North Bihar, Patna, on 25th July 2001 in Special Case No. 65 of 1990/29A of 1990, by same judgment, he has been acquitted from the charges under Section 13 of the Act.

(3.) DURING trial, prosecution has produced documentary evidence besides producing altogether 12 witnesses : Exhibit 1 ­ Sanction order Material Exhibit I ­ Bottle (19239 -A) 788/90/A Exhibit 2, 2A, 2/B ­ Signature dated 28.08.1990 on memorandum (three pages) Material exhibit II ­ one sealed packet (pant) Exhibit 2/C ­ Signature on seizure memorandum Material exhibit III ­ Note of Rs. 50/ - (fifty) number 7WM 655448 Exhibit 3 ­ Memorandum dated 28.08.90 three pages Material exhibit I/A, I/B, I/C close sealed bottle, three (1) Bottle 19239C (2)bottle 19239B (3) 19239D Exhibit 4 ­ seizure memorandum five pages dated 28.08.90. Exhibit 5 ­ F.I.R. Exhibit 3/1 to 3/3 ­ Memorandum signature of H.K. Thakur (three sheets) Exhibit 3/4 to 3/8 ­ signature memorandum of H.K. Thakur (five sheets) Exhibit 6 ­ Memorandum attested. Exhibit 7 ­ Pay bill April 90 endorsement and attested by N.P. Sinha Exhibit 8 ­ Seizure Memo. Signature of N.B. Singh Exhibit 9 ­ Arrear Bill April 90 Exhibit 10 ­ Dispatch register 15.6.90 to 24.8.90 Mark X/1 ­ Applicatio of Binay Kumar Sah Exhibit 11 to 11/1 ­ Complaint petition and signature of Binay Kumar Sah. Exhibit 11/2 to 11/4 ­ Memorandum three sheets sg. Binay Kumar Sah Exhibit 11/5 to 11/9 ­ Seizure Memorandum five sheets sg. Binay Kumar Sah Exhibit 12 ­ Application Binay Kumar Sah Mark Y ­ Seizure memo photo copy Mark Z ­ Forwarding letter no. 7246 Exhibit 13 ­ Report of S. Mukhopathy Exhibit 14 ­ Signature of Tripurari Jha in Seizure Memorandum Exhibit 15 ­ Carbon copy of seizure memo prepared by S. Lakra Exhibit 15/1 ­ Carbon copy of seizure memo prepared by R.R. Sahay Exhibit 16 ­ Investigation Report of R.R. Sahay. Exhibit 17 ­ Forwarding letter.