MAHENDRA NARAIN CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and drder of sentence, dated 31st of March, 1989, passed by Special Judge. (Vigilance) South Bihar, Patna, in Special Case No. 174 of 1983, arising out of Vigilance P.S. Case No. 34 (5) 79, by which this appellant was convicted under Section 161 of the Indian Penal Code and Section 5 (2) read with Section 5(i) (d) of the Prevention of Corruption Act and was sentenced to undergo rigorous imprisonment for one year and rigorous imprisonment for one year and a fine of Rs. 600/- and in default to undergo rigorous imprisonment for three months more respectively.

(2.) The prosecution case, in short, is that complainant, PW-14, Jagat Bihari Sah, was residing in a rented house in Mohalla Lodipur and when he had gone out of Patna on 25-03-1979 and returned on 27-03-1979, he found that one Pano Devi, along with some goondas, had broken open the lock and had occupied the house. Jagat Bihar Sah is said to have given a written report regarding the occurrence in Buddha Colony Police Station, whose Officer-in-Charge, at the relevant time, was this appellant. Further case of prosecution was that this appellant demanded Rs. 600/- from Jagat Bihari Sah for taking action against the trespassers. After about 10 to 15 days, the complainant, with the help of Inspector of Police, Suresh Prasad of Gandhi Maidan Police Station, got the trespassers removed, but he found his belongings missing and when he approached the appellant for action the demand of payment of aforesaid of Rs. 600/- was made by the appellant. The complainant, thereafter, filed a complaint (Exhibit 7) on 14-05-1979 before the Deputy Superintendent of Police, Cabinet, Vigilance, for taking action against this appellant. On receiving that complaint, Ram Pravesh Tiwary PW-4, watcher, was deputed to verify the allegation. The case of prosecution is that on 15-05-1979 he, along with Jagat Bihari Sah PW-14 went to Buddha Colony Police Station and he reported that in his presence also, the accused demanded Rs. 600/- for submitting charge-sheet in the case filed by complainant, Jagat Bihari Sah, and that complainant on that very day paid Rs. 100/- to this appellant who accepted it and asked him to pay remaining Rs. 500/- which the complainant assured to pay within a week. The report (Exhibit 1) of the watcher was submitted on the same day and the complainant was directed to come on 22-05-1999 with the money which he proposed to pay to this appellant. On 22-05-1979 a case was instituted against this appellant and a raiding party was organised headed by Deputy Superintendent of Police, Ramesh Kumar Singh. The complainant produced five G.C. notes of Rs. 100/- each in the presence of the Deputy Superintendent of Police and the Special Magistrate, Shri V.S.Pathak, PW-6 and a memorandum (Exhibit 4 of the G.C. notes was prepared and the G.C. notes were then returned to the complainant with a direction that he would pay the same to the appellant only on his demand as bribe. The watcher was also instructed to go along with the complainant to this appellant and he was further instructed to give signal by rubbing his head and the appellant accepted the bribe money. The case of prosecution is that the raiding party reached at Buddha Colony Police Station at about 09.00 a.m. and the complainant and the watcher went inside the police station, while others waited in the neighborhood for signal. Further case of prosecution is that this appellant demanded and accepted the sum of Rs. 500/- given by the complainant in presence of the watcher PW-4 and kept G.C. notes in this upper pocket of 'bush-shirt' and, meanwhile, the watcher went out of the room and gave signal whereupon members of the raiding party rushed in. It is alleged that this appellant tried to take out and throw the money from his pocket but the Vigilance staff resisted but the appellant any how threw the notes on floor by tearing off his pocket. Thereafter, independent witnesses were called and in their presence the thrown-out notes of Rs.500/- and his torn pocket were seized and were compared with the memorandum of G.C. notes prepared in the Vigilance Department. The case of prosecution is that the recovered G.C.notes were the same which were mentioned in the memorandum of G.C. notes (Ext. 4). Seizure list (Ext. 5) was prepared and a copy of the same was given to the appellant and the appellant was arrested.

(3.) After due investigation and obtaining sanction for prosecution, charge-sheet was submitted against this appellant, who, after taking cognizance, was put on trial and was convicted and sentenced as aforesaid.