SHIV NANDAN Vs. STATE

JUDGEMENT

(1.) IN this Criminal Appeal, the judgment dated 30. 11. 1981 of the Special Judge (Anti-Corruption Cases) Rajasthan, Jaipur convicting the appellant, Shiv Nandan, under Sec. 5 (1) (d) (2) of the Prevention of Corruption Act, 1947, (Act' for short) and S. 161, IPC. & sentencing him to undergo one year's R. I. with a fine of Rs. 300/- (in default, further 3 months' R. I.) on each counts is sought to be set aside.

(2.) SHIV Nandan Sharma, the appellant was a clerk in the Office of the Assistant Engineer, (AEN) Rajasthan State Electricity Board (RSEB), Behror having official duty to prepare the bills of consumers. One, Ram Avtar who was having an electrical connection in his father's name had been issued a bill (Ex. P. 1) by the Assistant Engineer, R. S. E. B. Behror to the tune of Rs. 1200. 65p. payable by 29. 3. 1976-which according to him (Ramavtar) was too much excessive more than the amount due if any. Thus, upon receiving the bill (Ex. P,l ). the prosecution alleged. Ramavtar (decoy) went to the Office of the AEN, RSEB, Behror on 25. 3. 1976 and moved an application (Ex. P. 2) in his father's name describing the bill (Ex P. l) in a sum of Rs. 1200. 65p. to be incorrect being excessive, and requested to correct the same. The prosecution alleged that the application (Ex. P. 2) was given to the appellant who demanded a bribe of Rs, 50/- after coming outside his room otherwise his electric connection should be disconnected and that apart he (decoy) would have to pay penalty, and the bill would not be corrected without obtaining the order of deduction of the sum, of the AEN, RSEB Behror. The decoy pleaded that he was not in a position to pay the amount demanded and it was ultimately settled that the sum of Rs. 25/-would be paid for which he was directed to come with money in the office of the AEN, RSEB, Behror on 28. 3. 1976.

(3.) IN all eleven prosecution witnesses were produced to prove the prosecution case.