BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been directed against the judgment dated 26-3-1980, by which, the appellant has been found guilty of the offence u/s.161 I.P.C. & u/S.5(l)(d) read with Sec. 5(2) of Prevention of Corruption (P.C.) Act. He has been sentenced to one year's R.l. and a fine of Rs. 200.00 on each count and in default of payment of tine, to further undergo 2 month's R.I.

(2.) The appellant was posted as Surveyor in the Mines Department On 17-10-1977 his job was to demarcate the mines sites. Munir Khan applied for lease of two mines to the Assistant Engineer Mines, Bundi. The application was sent to accused Bhanwar Lal. Bhanwar Lal correctly demarcated one plot but demarcated wrongly for the other plot. Munir Khan complained against the accused-appellant to the higher authorities but with no avail. After some time the accused-appellant asked Munir Khan that he did all against him but failed to get the plot. It is further alleged that Bhanwar Lal demanded Rs. 100.00 from Munir Khan and said that if the amount is paid he could demarcate the plot correctly. Munir Khan requested for a week's time. Meanwhile Munir Khan approached the Anti Corruption Department and submitted a report Ex. P2 to the Addl. Superintendent of Police, Anti Corruption Department on 3-12-77. The Addl. S. P. laid a trap against the accused-appellant and caught the accused on the spot and recovered the tented amount from his possession. A case was registered against Bhanwar Lal appellant and after obtaining necessary sanction challan was submitted in the Court.

(3.) The trial Court framed charge against the appellant u/S. 161 I.P.C. and u/S. 5 (I) (d) read with Sec. 5 (2) of P. C. Act.