MURLIDHAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant has preferred this appeal against the judgment and order dated 30.5.2003 passed by Sri Braj Nandan Sahay, Special Judge, C.B.I., South Bihar, Patna in Special Case No. 19 of 1996/R.C. No. 18(A) of 1996, by which sole appellant has been convicted under Section 7 as well as Section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment for a period of two years on both the counts and the sentences were directed to run concurrently.

(2.) Prosecution case as per the complaint lodged by one Braj Nandan Prasad Singh (PW 1) is that the complainant is an agent of National Savings, UTI and LIC, etc. and his wife is also principal agent of National Savings Organisation. The appellant was Deputy Director of National Savings and in order to clear pending bills of the wife of complainant he demanded gratification of Rs. 1200/- and later on request he agreed to pass the bill on demand of Rs. 1000/- with condition that complainant had to pay Rs. 200/- per month for passing the bill of his wife. Complainant filed a complaint before the S.P., CBI and allegation was verified and on verification a trap team was constituted and a trap was organised and appellant was caught red handed while accepting bribe of Rs. 1000/- for passing the bill of his wife. After verification, FIR has been lodged.

(3.) After investigation CBI filed prosecution report. Later on charges were framed against the appellant under Section 7 and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act.