GANGA KUMAR SHRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) P . K. Deb, J. - This appeal has been preferred against the judgment and order dated 10.3.1989 passed by the then Special Judge (Vigilance North Bihar, Patna) in Special Case no.6 of 1985 convicting the accused -appellants under Section 161 of the Indian Penal Code read with Section 5(2) of the Prevention of Corruption Act and sentencing him to undergo R.l. for one year each under each count but sentences were ordered to run concurrently.

(2.) THE prosecution case in brief is that on 25.6.1985 Harendra Kumar Singh (P.W.6) filed an application (Ext.8) alleging that Assistant Engineer(Supply) of the Electricity Board, Sitamarhi III had been demanding bribe of Rs.500/ - for giving electric line for 5 H.P. motor for agricultural work and he had, under pressure, already given Rs.100/ - on 11.6.1985. It was further alleged that Assistant Sub -Inspector of police Mundrika Choudhary (P.W.3) was directed on 25.6.1985 to verify the information and according to the verifier the informant again paid Rs.100/ -as bribe to Ganga Kumar Shrivastava the accused appellant and he went to his residence after taking the money. Further allegation is that the accused -appellant had demanded the balance amount on 28.6.1985 in the morning hours and thus Ganga Kumar Shrivastava by demanding bribe for doing the lawful work had committed offence under Section 161 of the Indian Penal Code read with section 5(H) of the Prevention of Corruption Act.

(3.) FOR and on behalf of the prosecution as many as 13 prosecution witnesses have been examined. Out of whom P.W.1 is B.S.Mistri, P.W.3 D.K.Das, P.W.4 Van -janand Singh and P.W.10 K.K. Verma are the members of the raiding party. P.W.4 was simply tendered from the side of the prosecution. Mundrika Chaudhary (P.W.5) is the watcher. P.W.2 Kaushal Kishore Singh and P.W.12 Ram Dayal Singh are the witnesses of search and seizure. P.W.2 Kaushal Kishore Singh did not support the prosecution story and he was declared hostile and his statement before the investigating officer was confronted. P.W.7 Prabhunath Roy and P.W.9 Rajendra Prasad are the witnesses who proved the sanction. P.W.8 Narayan Choudhary proved the writing and signature of Sri R.C.P. Sinha, Chief Engineer in the despatch memo (Ext.9, 2/3, 10 and 11), P.W.11 Madan Prasad is the Assistant Engineer attached to Executive Engineer. He proved several exhibits including Ext.16 to 22 and Ext.B series and Ext.C series. P.W.13 Arjun Jha proved Exts.24, 25 and 26 and D/1 and P.W.6 Harendra Singh is the informant himself. Arjun Jha was not a chargesheeted witness and it appears that he proved formally some documents only.