CHANDRA BHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal directed against the judgment dated 11 -2 -1981 passed by Shri Mohammed Yamin, Special Judge, for A.C.D. Cases Jaipur, whereby the accused appellant has been found guilty for the offence under Section 161 IPC and Section 5(1)(d) r/w Section 5(2), Prevention of Corruption Act and he has been sentenced to one year's rigorous imprison' ment and a fine of Rs. 200/ - in default of payment of fine, he shall undergo 3 months' rigorous imprisonment on each count.

(2.) BRIEF facts giving rise to this appeal are that in the year 1975 complainant Sita Ram had purchased land of Khasra No.456 of his village Tunga and the Kharif and Ravi crop of this Khasra number was cut and taken away by Roop Narain and Vijay Narain Malies and a theft case came to be registered against them on an FIR No. 34/76. Thana Bassi lodged by Sita Ram which was pending investigation. In that criminal case Sitaram had to produce Jamabandi and Khasra Girdawari in order to show his possession. Sitaram, as such made an application to accused Patwari on 3 -12 -76 and thereafter he kept meeting the accused and demanding the certified copies. On 10 -1 -77 the accused demanded Rs. 25 as bribe for giving certified copies and the complainant agreed to pay and asked the accused to prepare copies and told him that he would give the money the next day.

(3.) THEREAFTER it is said that the police party proceeded to Toonga. The police party stopped half a kilometer before village Toonga and at this place complainant Sitaram was searched and Ex.P. 4 Jama Talashi was prepared. The Dy. S.P. sent Sitaram, Shivkumar, Rameshchandra and Suresh -chandra constables and Mahaveer Singh Head Constable and constables Radheysham, Rajnarain and Madansingh followed them at some distance and Dy. S.P. and Mohanlal S.I. stayed at bus stand waiting for the given signal.