BHAGWAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Standing Counsel for the CBI on this criminal appeal.

(2.) This criminal appeal has been preferred against the Judgment and Order of conviction and sentence dated 07.08.2013 passed by Special Judge, CBI Court-II, Patna in Special Case No. 13 of 2006, R.C. Case No. 23A/2006 arising out of Patna CBI/ACB/Patna 2006 RC PAT 2006A 0023 whereby learned trial court convicted the appellant Bhagwan Mahto for the offence punishable under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act and sentenced him to undergo R.I. for one year and also slapped him with the fine of Rs.1000/- and in default of payment of fine to further undergo S.I. for one month under Section 7 of the Prevention of Corruption Act and further sentenced him to undergo R.I. for two years and also slapped him with fine of Rs. 10,000/- and in default of payment of fine to further undergo S.I. for two months under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act. Both the sentences were directed to run concurrently.

(3.) Factual matrix of the case is that Patna CBI/ACB/Patna 2006 RC PAT 2006A 0023 was instituted under Section 7 of the Prevention of Corruption Act against the accused Shri Bhagwan Hawildar and D.S. Singh, I.O., D.R.I. on the basis of the written report dated 09.10.2006 filed by one Jagdevan Prasad, Son of Shri Nandlal Rai with the case in succinct that D.S. Singh, Officer of D.R.I., Patna had apprehended the brother of the informant and seized his Truck bearing Registration No. BR-1G-4689 in connection with the Case No. 26 of 2006. When he reached out the aforesaid D.S. Singh for help and to get his brother released, he extended threatening of his implication as well asking him that he has to meet expenses in case of soliciting any help and get the amount fixed meeting with Hawaldar Bhagwan Mahto. On his insisting to disclose the aforesaid amount, he made him to escape and warned him not to approach him direct. Then he reached out Hawaldar Shri Bhagwan who demanded Rs. 35000/- as a bribe in lieu of his work. On making request by him citing his financial crisis, he agreed to pay him Rs.5000/- at present and rest amount in 2-3 installments uttering that he had confabulated with the I.O. D.S. Singh and on getting the entire amount he will submit the final form in Special Case No. 26 of 2006 and get both his brother and his vehicle released. As he does not want to accord graft, he has filed this complaint petition to take action against them.