CHANDRA SHEKHAR JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 07/08/2001 passed by Special Judge, C.B.I. Ranchi in R.C. Case No. 3(A) of 1996, whereby and where under, the appellant was convicted under sections 7 and 13(2) of the Prevention of Corruption Act and sentenced to undergo R.I. for one year and to pay a fine of Rs. 500/ - for the offence under section 7 of Prevention of Corruption Act. Appellant was further sentenced to undergo R.I. for 1 & 1/2 years and to pay a fine of Rs. 1000/ - for the offence under section 13(2) of the Prevention of Corruption Act. It is directed that both the sentences shall run concurrently.

(2.) THE case of prosecution, in brief, is that one Ghanshyam Prasad Satnami (P.W. 7) had lodged a complaint with the Superintendent of Police, C.B.I., Ranchi stating therein that his father died, while working in Karkatta Colliery of C.C.L. Thereafter, P.W. 7 had applied for payment of Provident Fund and other post retiral -cum -death benefits of his father. It is then stated that he was told by the concerned Clerk of Karkatta Colliery that the service book of his father was missing. Accordingly, the concern clerk suggested P.W. 7 to bring the dispatch number of his father's service book from his earlier place of posting i.e. Dakra Colliery, so that his prayer for payment of Provident Fund and other retiral benefits be processed. Accordingly, P.W. 7 met P.W. 1, Deputy Personal Manager at Dakra Colliery, who told him that his father's service book is not available, therefore, it is required to be reconstructed. Accordingly, P.W. 1 suggested P.W. 7 to meet the appellant, Shri C.S. Jha, U.D.C., Dakra Project, CCL, who will reconstruct the service book. It is further stated that P.W. 7 met and requested the appellant C.S. Jha for reconstructing the service book of his father, who told him to meet him again after 15 days. After 15 days, when P.W. 7 met the appellant (Shri Jha), who demanded Rs. 500/ - as a bribe for sending the service book of his father to Karkatta Colliery. Accordingly, the present complaint filed with the Superintendent of Police, C.B.I. Ranchi.

(3.) AFTER completing the investigation, the C.B.I. submitted charge sheet against the appellant under sections 7 and 13(2) read with section 13(1)(d) of the Prevention of Corruption Act. After receipt of the aforesaid charge sheet, learned Special Judge, C.B.I. took cognizance of the offence and, thereafter, he framed charge against the appellant vide his order dated 18.12.1997 under section 7 and 13(2) of the Prevention of Corruption Act. Aforesaid charge read over and explained to the accused to which he pleaded not guilty and claimed to be tried.