GANESHPRASADSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 21st January, 1989, passed in Special Case No. 7 of 1985 by Shri B.K. Pandey, Special Judge (Vigilance), North Bihar, Patna, whereby and whereunder he has convicted the appellant under Section 161 of the Indian Penal Code and sentence him to undergo rigorous imprisonment for one year.

(2.) The prosecution case in brief is that on 7th August 1985, Vijay Kumar (P.W.I) gave a written report to the I.G. Vigilance Department, Patna, stating inter alia that the appellant who was an Amin in the Consolidation Office, Runi Saidpur (Sitamarhi), had demanded Rs. 100/- for making of entry of his father's name in the revenue-record. On the basis of that report Vigilance Case No. 15 of 1985 was instituted.

(3.) It appears that in those days Chakbandi operation was going on in the village. Some land was purchased by the rather of the informant and later he had applied for entry of the name of the purchaser in the record. The informant was served with a notice to appear in the office along with the vendor on 24.7.85 and when they went there it was alleged that their signatures were obtained on a blank order-sheet but the informant could not get information regarding the entry of his father's name. Later on it is stated that when he contacted the appellant, he told him that unless a sum of Rs. 100/- paid to him by way of illegal gratification his work would not be done and this led to filing of a written report to the officer concerned as aforesaid. On 12.8.85 Lakshmi Narayan Singh (P.W. 5), watcher in the vigilance department contacted the informant and the appellant had also come there on that day. It is said that on the request of the informant all of them went to a tea stall where the appellant was aid to have reminded the informant about the payment of the money. It is said that on the request of the informant the appellant agreed to do his work on payment of Rs. 75/- only. It is also alleged that since the vigilance department did not contact the informant he latter went to the house of the appellant on 14.8.85 and paid sum of Rs. 50/-. The informant thereafter again contacted the vigilance department and reported about the entire incident. It is stated that on 17.9.85 the informant met the appellate and next day was fixed for payment of the remaining amount. This was also informed to the vigilance department.