MUKHDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order of sentence dated 26-7-96 passed by Sri Ram Nath Ram Mahto, learned First Additional Sessions Judge-cum-Special Judge (CBI), Dhanbad in R.C. Case No. 22/85, whereby the learned First Additional Sessions Judge held the appellant, namely, Mukhdeo Singh guilty under Section 161, IPC and sentenced him to undergo RI for two years and to pay a fine of Rs. 500.00 and in default of payment of fine to further undergo simple imprisonment for one year. The learned 1st Additional Sessions Judge further found him guilty under Section 5(2) (d) of the Prevention of Corruption Act and sentenced him to undergo R.I. for two years and to pay a fine of Rs. 500.00 and in default of payment of fine to undergo simple imprisonment for one year and both the sentences were directed to run concurrently.

(2.) The prosecution case in brief is that Tetar Bhuiyan, an underground loader of Nichitpur Colliery of B.C.C.L. gave in writing on 27-11-85 to S.P. (CBI), Dhanbad stating therein that appellant was a clerk in Nichitpur Colliery Dispensary and he has demanded a sum of Rs. 200.00 from him for issuing sick fit certificate. Complaint was verified by S.S. Kishore, Inspector, C.B.I. (P.W. 7), who submitted his report and after receiving the report the trap party was arranged by Shri L.M. Manjhi (P.W. 10), Inspector of CBI, Dhanbad. Services of two witnesses namely K. Madhavan, Junior Manager C.C.S.O., Dhanbad and Bakshi J.P. Sinha, Inspector, C.M.P.F., Jharia, IInd Circle, Dhanbad were obtained to witness the transaction. The trap party consisting of the aforesaid two witnesses. CBI officials and Tetar Bhuiyan (P.W. 6), complainant, assembled in CBI office, Dhanbad on 28-11-85. The complainant and both the witnesses were introduced, the purpose of assemblage was explained and thereafter practical demonstration of action and reaction of phenolphthalein powder on pieces of plain paper and in solution of sodium carbonate were shown, the hand wash of witness J.P. Sinha was kept in phial duly sealed and signed by all the members. The two G.C. notes of Rs. 100.00 denomination each were produced by the complainant, which were tainted with phenolphthalein powder and number and denomination of the G.C. notes were noted down and the tainted G.C. notes were handed over to the complainant with instruction to give the same to Mukhdeo Singh only on his demand. The witness K. Madhavan was instructed to shadow the complainant from close distance to overhear the conversation in between the complainant and the accused. Other members of the trap party were also instructed to take their respective place and to remain vigilant, watchful and to see the transaction. Preliminary memorandum for pre-trap formalities was prepared and signed by all the persons. The trap party then proceeded for the Collliery along with both the independent witnesses and the complainant.

(3.) The trap party thereafter proceeded for Nichitpur Colliery Dispensary and there, all the members of the trap party took their respective positions. Informant went to Mukhdeo Singh and Mukhdeo Singh demanded money from the informant which he passed on to the appellant and he kept the amount in his upper left chest pocket of his shirt and thereafter, he went out of his office room and went inside the store room and kept the money there. The tainted money was recovered by the C.B.I. officials. In course of investigation, it was established that the informant was absent from his duty since 16-9-85 and reported sick in Nichitpur Colliery Dispensary for his treatment on 24-9-85 for left cheek and he remained sick till 18-10-85 and thereafter, he proceeded for his native village and reported after Dipawali. He went to the hospital for sick report where this appellant demanded Rs. 200.00 from him for issuance of the same on 26-11-85.