KAMESHWAR PRASAD SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the counsel of the appellant and counsel appearing for the C.B.I. The Counsel appearing for the appellant has filed written notes of the argument on behalf of the appellant which is kept on the record.

(2.) The appellant has filed this appeal for setting aside the Judgment of conviction and order of sentence dated 12.04.2007 passed by the 7 th Additional Judicial Commissioner-cum-Special Judge, C.B.I., Ranchi in R.C. No. 18(A)/98(R) whereby the appellant has been convicted for the offence under Prevention of Corruption Act, 1988of the Prevention of Corruption Act, 1988. He is sentenced to undergo R.I. for one and half year under Section 7 of the P. C. Act, 1988 and to pay a fine of Rs.1000/- in default of which he is to undergo S.I. For 15 days and further convicted for the offence under Sections 13(2) read with 13(1) (d) of the P. C. Act and sentenced to undergo Rigorous Imprisonment for two and half years and also pay a fine of Rs.2000/- in default of payment of fine, the appellant is sentenced to undergo imprisonment for one months and both the sentences will run concurrently.

(3.) The prosecution case in short is that the informant Sawlat Fahad was working as Mazdoor category-I in C.C.L., Barkakana Central Workshop. His father Late Ziaur Rahman was Mining Sardar in Dhori Khas Colliery of C.C.L. who died on 1.12.95 due to heart failure. It is further alleged that the paper of pension and P.F. was sent by the officers of Dhori Khas Colliery to C.M.P.F. Office, Ranchi for further processing. It is further alleged that the complainant enquired about his work and came to know about the concerned documents that those are with Sri Kameshwar Prasad Sinha (the appellant), U.D.C. When the complainant met with Sri Kameshwar Prasad Sinha (the appellant) then he demanded Rs.1,000/- (Rupees one thousand) for processing the paper for payment of P.F. and pension of his late father. The complainant did not want to pay the bribe to Kameshwar Prasad Sinha. Hence, he contacted an employee of C.M.P.F. who was known to him and with his help the mother of the complainant got payment of P.F. after sometime but the payment of pension remained pending. It is further alleged that on 26.11.98, the complainant met with Kameshwar Prasad Sinha (the appellant) at 11.00 A.M. then Sri Kameshwar Prasad Sinha told that due his Pairwi, he had prepared the papers of his Late father in respect of P.F. but unless he will not pay Rs. 1000/- as bribe, he (Mr. K.P. Sinha) will not process the paper regarding pension. The complainant told him that he is a poor person and he is not in position to pay the amount. On this, Sri Kameshwar Prasad Sinha told the informant that this time he will not process the paper relating to pension without taking money. On several requests, Sri K.P. Sinha asked the informant to pay him Rs.800/- as soon as possible . The complainant did not want to pay the bribe to K.P. Sinha, as such he gave a written complaint to S.P., C.B.I. for taking action. After receipt of the complaint, Sri S.N. Khan, Inspector was directed to verify the allegations and submit his report. After submission of verification report, this case was registered as R.C. Case No. 18(A)/98(R) under Section 7 of Prevention of Corruption Act and the investigation was taken up. During investigation, it was decided to catch the accused K.P. Sinha red handed while demanding and accepting the illegal gratification from the complainant Sawlat Fahad. A trap team headed by Sri D.B. Singh, Dy. S.P. was constituted. Sri S.N. Khan, Inspector, Sri S.N. Choudhary, Inspectort, Sri Sujeet Kumar Jha, Sri Shailesh Kumar and Krishna Paswan all constables were member of the trap team. Two independent witness Sri Shailendra Singh, Senior Fire Officer C.C.L. Headquarter and Sri Patrick Bilung, U.D.C, Vigilance department, C.C.L. and Sri Sawlat Fahad (complainant) were also associated with the trap team. All the members of the trap team both the witnesses and the complainant assembled in the office room of Sri D.B. Singh, Dy. S.P., C.B.I. Ranchi at about 1.45. P.M. on 26.11.98. The complainant was allowed to keep the tainted money of Rs. 800/- with him. Thereafter, the entire Pre-trap proceeding was explained to them and the entire procedure of Pre- trap Proceeding was done in their presence. The Pre- trap memorandum was prepared and the same was read over and explained to all the persons and all the persons put their signature on the Pre- trap memorandum. Thereafter, the entire team proceeded to the appellant accused and found that he was siting in the hall. There was three entrance doors fully open towards south from the Corridor and the accused appellant was clearly visible from the Corridor. The member of C.B.I. teem and the witnesses took the suitable position according to the direction given to them. The complainant Sri Sawlat Fahad along with the witness Sri Shailendra Singh entered into the said hall. In the meanwhile the other witnesses Sri Patrick Bilung, Sri D.B. Singh, Sri S.N. Khan & Sri S.N. Chaudhary, took suitable position near the entrance door on the Corridor. Thereafter, the complainant contacted Sri Kameshwar Prasad Sinha at about 4.00 P.M. who was sitting on the said table. Sri Shailendra Singh witness had accompanied the complainant, also stood beside the table Sri Kameshwar Prasad Sinha did not pay any attention towards Sri Shailendra Singh nor made any quarry. After exchange of pleasantries, Sri Kameshwar Prasad Sinha asked the complainant Sawlat Fahad "Kaya Rupeeya Lay Aaya Hoo". The complainant Sawlat Fahad replied "Haa Mai Aapene Phuphere Bhai Se Mang Kar Eight Hundred Rupeeya Lay Aaya Hoon". Thereafter, Sri Kameshwar Prasad Sinha extended his hand towards the complainant and said "Lau Rupeeya Doo". On this, Sri Sawlat Fahad took out the tainted G.C. Notes from his upper left chest pocket of his wearing shirt and gave the same in the extended hand of Sri Kameshwar Prasad Sinha. Sri Kameshwar Prasad Sinha counted the tainted G.C. Notes with the help of both the hands and kept the same in the left side pocket of his wearing fullpant. Thereafter, Sri Kameshwar Prasad Sinha told the complainant that now he shall do the family pension papers relating to his late father completed and send the concerned colliery authorities and process the same at the earliest. The transaction and the conversation was clearly seen and heard by Sri Shailendra Kumar Singh. The transaction were also seen by other witnesses Sri Patrick Bilung, Sri D.B. Singh, Sri S.N. Khan and Sri S.N. Choudhary. The complainant gave the pre fixed signal. Immediately after getting the signal, Sri D.B. Singh and the other witnesses Sri Patrick Bilung, Sri S.N. Khan, Sri S.N. Choudhary and other team members rushed inside the said hall. Sri D.B. Singh after disclosing his identity and identify of the team members and witnesses, challenged the accused Sri Kameshwar Prasad Sinha for having demanded and accepted illegal gratification of Rs.800/- from the complainant Sawlat Fahad. Sri Kamehshwar Prasad Sinha became nervous and could not render any explanation. Thereafter, he was arrested at about 4.15 P.M. After completion of the investigation charge sheet was submitted and accordingly cognizance of the offence under Section 7 and 13(2) read with 13(1) (d) of the P.C. Act 1988 was taken on 24.5.2000. The charges under aforesaid Sections were framed against the accused Kameshwar Prasad Sinha on 23.7.03.