JANAKKISHOREPRASADSINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these four appeals have been preferred against the judgment and order of Special Judge, C.B.I., South Bihar, Patna passed on 31st March, 1993 in Special Case No. 31 of 1986, where the learned Special Judge held accused appellant Hansel Augustine Shaw guilty for the offence punishable under Section 161, I.P.C. and under Section 161 read with Section 120-B, I.P.C. and for the offence punishable under Section 5(l)(d) read with Section 5(2) of the Prevention of Corruption act, 1947; and held the other accused-appellants J.K.P. Sinha, S.N.P. Verma and Yashpal Ahuja guilty for the offence punishable under Section 161 read with Section 120-B of the Indian Penal Code, giving the findigns while these accused persons had gone to search the residential premises of the informant Baidyanath Prasad in the evening on 21st March, 1986 and Hansel Augustine Shaw along with other accused persons agreed to carry the illegal act of demanding illegal gratification of Rupees five thousand and in pursuance thereof collected Rupees three thousand by illegal means from Baidyanath Prasad as the reward for non-performance of their duties to search the premises of the informant Baidyanath Prasad.

(2.) The trial judge awarded the sentence of two years rigorous imprisonment to the accused-appellant Hansel Augustine Shaw for the offence committed under Section 161 I.P.C. and awarded the sentence of one year rigorous imprisonment for the offence committed under Section 161 read with Section 120-B, I.P.C. and further awarded the sentence of one year rigorous imprisonemnt and a fine of Rupees five thousand for the offence committed under Section 5 (1) (d) read with Section 5(2) of the Prevention of Corruption Act, 1947, and in default of fine the sentence of three months' rigorous imprisonment; and all the sentences to run concurrently. The other accused appellants J.K.P. Sinha, S.N.P. Verma and Yashpal Ahuja have been awarded the sentence of one year rigorous imprisonment for the offence committed under Section 120-B read with Section 161, I.P.C.

(3.) The trial Judge acquitted the accused-Mithilesh Kumar Singh and Sri Mant Narain Singh holding that they were not concerned with the conspiracy, to collect the illegal gratification.