RAMESHWAR PRASAD TRIVEDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant, Rameshwar Prasad Trivedi, has been convicted by the learned Special Judge, Jaipur, under Section 161 of the I. P. C. and Under Section 6 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1947, and sentenced to rigorous Imprisonment for one year and a fine of Rs. 200/-or, In default, further simple imprisonment for one month separately under each count. The two sentences were ordered to run concurrently.

(2.) THE case of the prosecution, which resulted in the conviction and sentence of the appellant, as aforementioned, is that on Nov. 5, 1973, while the appellant was posted as Sub-Divisional Magistrate-cum-Revenue Court, Gangapur City, he accepted payment of Rs. 500/-as illegal gratification for his promise to show favour to a party in two revenue suits pending in his court that day.

(3.) IT is alleged that Ram Singh, P. W. 2, a resident of village Keshgarh, tehsil Nandoti, district Sawai Madhopur, was involved as a party to two cross cases under Section 107, Cr. P. C pending in the court of the appellant as a Sub-Divisional Magistrate at Gangapur City, district Sawai Madhopur, in Oct. 1973. Kamaldas Advocate, P. W. 3, had been retained as a counsel by Ram Singh In that litigation. The dispute, which gave rise to the said security proceedings between Ram Singh and his supporters on one side and one Jag-dish Gujar and his supporters on the other, was over possession of certain agricultural lands. Jagdish Gujar had filed a revenue suit against Ram Singh and Ors. for perpetual injunction restraining the defendants from interfering with his possession of the said land. A similar suit had been filed bv Hari-charan, a supporter of Jagdish Gujar, against Ram Singh and Ors. for restraining them from interfering with the plaintiff's possession of the land in that suit. The plaintiffs in these suits had obtained ad interim temporary injunctions against the defendants. These two suits were also pending, at the relevant time, in the court of the appellant as a revenue court in Gangapur City. Kamaldas, Advocate, was counsel for the defendants in these two suits as well.