MAHADEO CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Mahadeo Chaudhary has been found guilty for an offence punishable under Sec. 7 of the P.C. Act and sentenced to undergo RI for 1 year as well as to pay fine of Rs.1500.00 in default thereof, to undergo RI for 2 months additionally, under Sec. 13(2) read with Sec. 13(1) (d) of the P.C. Act and sentenced to undergo RI for 2 years as well as to pay fine of Rs.2000.00 in default thereof, to undergo RI for 2 months additionally vide judgment of conviction and sentence dtd. 26/2/2003 passed by Special Judge, Vigilance, South Bihar, Patna-1 in Special Case No. 34/92 arising out of Vigilance PS Case No. 24/92.

(2.) Bishnupad Prasad (PW-7) filed a written report before Director General of Police (Vigilance) disclosing therein that on 18/5/1992, O/C of Karpi PS, Mahadeo Chaudhary along with police escort came at his house, conducted search in order to apprehend his brother Jugal Prasad in connection with Karpi PS Case No. 52/92, although, his brother was not an accused in connection therewith. On 19/5/92, he along with Ambika Prasad had gone to Karpi PS and met with Mahadeo Chaudhary. At that very moment, Mahadeo Chaudhary instructed either to pay Rs.20,000.00 or his brother will be sent to jail. On great persuasion, the matter was settled over Rs.7,000.00, otherwise, he was threatened that his brother will be implicated. Because of the fact that he does not want to pay the bribe, hence prayed for taking necessary action.

(3.) As directed, verification with regard to allegation was conducted by Ram Chandra Lal (PW-1) and after having verification report, case was registered and then, pre-trap, exercise was demonstrated on the allegation and then on 26/5/1992 accused/appllant was apprehended having been in possession of tainted amount appertaining to Rs.3000.00 during trap and in likewise manner, both the hands of the accused/appellant were washed in solution of sodium carbonate which changed its colour on account of presence of phenolthiline powder, seizure list was prepared, case was investigated, followed with submission of charge-sheet, meeting with ultimate result, subject matter of instant appeal.