RAMA SHANKAR VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has filed this appeal for setting aside the Judgment of conviction and sentence dated 03.05.2000 and 08.05.2000 passed by the Special Judge, C.B.I., Dhanbad in R.C. No. 13(A) of 1993(D), whereby the appellant has been convicted for the offence under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and sentenced to R.I. for two years and to pay a fine of Rs. 1000/- and in default of payment of fine further undergo R.I. for a period of five months. All the sentences will run concurrently.

(2.) The prosecution case in short is that the complainant Awadhesh Singh, Loading Clerk, Bhowrah South Colliery, 16 No. Railway Siding, Bhowrah Area, B.C.C.L, Dhanbad lodged a written complaint petition dated 14.7.93 with the Superintendent of Police C.B.I. Dhanbad alleging therein that a demand of Rs. 600/- is made as illegal gratification by accused Rama Shankar. Verma, Senior Loading Inspector, Bhowrah South Colliery, 16 No. Railway siding, Bhowrah Area, B.C.C.L., Dhanbad, from him for allowing him to continue to work in the first shift. The allegation of the complainant as contained in his complaint petition was verified by Sri R.P. Tiwary, Sub- Inspector, C.B.I. Dhanbad and a trap team was constituted. The pre-trap formalities were held at C.B.I, office, Dhanbad on 15.7.1993 in presence of the complainant and two independent witnesses namely Salil Kumar Mishra and Sailendra Kumar Tiwary besides the other members of the C.B.I, raiding party.After doing all this formalities, the raiding party including the complainant and two aforesaid independent witnesses proceeded and reached near the office of the accused/appellant Rama Shankar Verma at about 8.15 hours. On arrival there, B.K. Birdi, C.B.I. Inspector who is the I.O of the case, instructed the members of the raiding party to be alert and vigilant and take suitable position in a discreet manner in and around the office premises of the accused/appellant at 16 number Railway Siding of Bhowrah South Colliery. As briefed, the complaint Awadhesh Singh duly followed by the "independent witness Shailendra Kumar Tiwary (Shadow witness), proceeded towards the office of the accused and reached there where accused Rama Shankar Verma was sitting in his office chair. Sri R.P. Tiwary, Sub- Inspector, C.B.I, too accompanied the complainant Awadhesh Singh showing himself to be a relative of the complainant. On having seen the accused, complainant Awadhesh Singh wished him after which accused Rama Shankar Verma enquired from him (complainant) whether he had brought Rs. 600/- with him as demanded by him. At that the complainant replied in affirmative and told him that he had arranged the amount with much difficulty for giving him as illegal, gratification as asked by him. Subsequent to that accused Rama Shankar Verma asked the complainant Awadhesh Singh to give him the said amount by stretching his left hand towards him (the complainant). Thereafter, the complainant took out the tainted G.C. Notes of Rs. 600/- from the upper left chest pocket of his kurta with his right hand and handed over the same to the accused Rama Shankar Verma who accepted that money from the complainant with his left hand and after counting the G.C. Notes in question with both the hands, he kept the same in the left side of upper chest pocket of his shirt with his right hand. In the mean time complainant Awadhesh Singh requested accused appellant Rama Shankar Verma to let him work in the first shift and not to disturb him by shifting his duty to the third shift (night shift). The aforesaid conversation and money transaction in between the accused and the complainant were over-heard and seen by the shadow witness Shailendra Kumar Tiwary and R.P. Tiwary, Sub-Inspector of Police C.B.I. Dhanbad who was posing himself as one of the relation of complainant Awadhesh Singh. Immediately after the money transaction, the shadow witness Shailendra Kumar Tiwary flashed the pre-fixed-signal by stretching his head with his right hand. On getting the signal from him B.K. Birdi (I.O.) alongwith the other independent witness Salil Kumar Mishra rushed to the spot. After disclosing his identity B.I. Birdi (I.O.), challenged accused R.S. Verma for having demanded and accepted a sum of Rs. 600/- as illegal gratification from the complainant Awadhesh Singh.

(3.) Further case of the prosecution is that on being challenged the accused appellant made a futile attempt to throw away the tainted G.C. Notes of Rs. 600/- from his pocket. The accused became nervous and perflexed and his face turned pale. He (accused) could not offer any explanation whatsoever. In the mean time other members of the C.B.I, raiding party too arrived at the spot and the left and right hands of accused Rama Shankar Verma were caught from his wrists by R.P. Tiwary, Sub- Inspector of Police, C.B.I. Dhanbad and B.Paswan, A.S.I. Of Police, C.B.I., Dhanbad respectively. Thereafter, on being pointed out by shadow witness Shailendra Kumar Tiwary and complainant Awadhesh Singh, the tainted G.C. Notes of Rs. 600/- were recovered from the left upper chest pocket of the shirt of the accused by shadow witness. S.K. Tiwary in the presence of all the members of the C.B.I, raiding party including the complainant and other independent witness. Thereafter, the hands of the accused appellant were washed in the solution containing sodium carbonate. The water turned pink and the solution was sealed in bottles. The numbers of the currency notes were tallied with the memo prepared before trap, and found that the currency notes were the same which were handed over to the complainant after spreading phenolphthalein powder on them. After doing all the formalities, a case was registered under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. After conclusion of the investigation, the I.O. submitted a charge sheet under the aforesaid Sections of the P.C. Act against accused appellant and cognizance was taken by the Special Judge. Thereafter, charges were framed under the aforesaid Sections against the accused appellant.