BANWARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment 15.07.1999 passed by the learned Sessions Judge, ACD Cases, Bikaner, whereby, he convicted accused appellant Banwari Lal for offence under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as the Act) and sentenced him to undergo one year's rigorous imprisonment and to pay a fine of Rs. 1000/ -, in default of payment of fine to further undergo three months' rigorous imprisonment. Accused appellant was also convicted for offence under Section 13(2) of the Act and sentenced to one year's rigorous imprisonment and to pay a fine of Rs. 1000/ -, in default of payment of fine to further undergo three months' rigorous imprisonment. Both the sentences were ordered to run concurrently.

(2.) FACTS leading to this appeal are that on 07.10.1992, one Shivraj Singh, resident of Jamitewala of Police Station Lalgarh Jattan made an oral report that Excise Inspector Banwari Lal informed him about recovery of two tins of excisable goods and demanded Rs. 2500/ - for producing illicit liquor. He paid Rs. 2000/ - to Banwari Lal at Sri Ganganagar but Banwari Lal demanded Rs. 500/ - more. Upon this, the Additional Superintendent of Police, Ganganagar arranged trap and after explaining phenolphthalein and sodium carbonate before the complainant, the Dy. Superintendent of Police signed ten notes of Rs. 50/ - each and gave to the complainant and went in the jeep at the residence of Banwari Lal, Excise Inspector at Ward No. 33, Purani Abadi, Ganganagar. There the amount of Rs. 500/ - was given to one constable Lakhu Singh. When Lakhu Singh reached on the spot, the Dy. S.P. asked him about Rs. 500/ -, then he said that he has taken this amount at the behest of Banwari Lal. Therefore, after completing the formalities of recovery etc., the constable was arrested under Section 120B IPC and Banwari Lal was also arrested. Samples were seized for chemical examination and after obtaining sanction, challan was filed against Banwari Lal. Charge was framed, to which he pleaded not guilty. Prosecution examined seven witnesses. Statement of accused was recorded under Section 313 Cr.P.C. and after hearing the arguments, the learned trial Judge convicted the accused appellant as indicated above.

(3.) CONSEQUENTLY , this appeal is allowed. The judgment dt. 15.07.1999 passed by the learned Sessions Judge, ACD Cases, Bikaner is set aside. Appellant -Banwari Lal S/o Makhan Singh is acquitted of the charge for offence under Sections 7 and 13(2) of the Act. He is on bail, his bail bonds stand cancelled.