SHYAMLAL BRAHMIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) When 'commission' partakes character of bribe, is an interesting question debated in this appeal filed by the appellant against the judgment whereby he has been convicted and sentenced as under: <TAB> Under Section 161, IPC 1 year's simple imprisonment with a fine of Rs. 200/- in default, 1 month's SI. Under Section 5(1)(d)(d) of the Prevention of -do- Corruption Act. </TAB>

(2.) Shyamlal, the appellant, was performing the duties of a Patwari in District Alwar. The complainant Simru Chamar wanted the boundary of his field to be well defined on the spot by what is known as demarcation by stones (Pattharband/Handbandi). The appellant demanded Rs. 50/- for it and accepted it. Afterwards there were series of developments in which the complainant avoided demand, approach and obtained a trap party for lying down trap.

(3.) There is no dispute on the point that the trap was successfully laid and the amount was given, taken and recovered from the accused-appellant.