LAWS(JHAR)-2024-10-41

ANANDI PRASAD SINGH Vs. STATE OF JHARKHAND

Decided On October 29, 2024
Anandi Prasad Singh Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal is directed against the Judgement of conviction and order of sentence, both dtd. 12/8/2003, passed by learned Special Judge,-CBI cum 4th Additional Sessions Judge, Dhanbad in R. C. Case no. 2A/94D; whereby the appellant has been convicted under Sec. 7 and 13(2) of the Prevention of Corruption Act, 1988 and has been sentenced to undergo R. I. for 2 years and to pay fine of Rs.500.00 under each Sec. and in default, to undergo S.I. for 2 months and both the sentences were directed to run concurrently.

(3.) The brief fact of the case is that on 25/1/1994, Vijay Kumar, made a complaint before the Superintendent of Police, Central Bureau of Investigation, Dhanbad alleging therein that the appellant demanded a sum of Rs.9000.00 for payment of bill. On the basis of such allegation, a case was registered on 26/1/1994. On 27/1/1994, a team was constituted and they proceeded to the office of the appellant. On the way to the office, the complainant met with the appellant and on seeing him, the complainant alleged to have disclosed that he brought Rs.500.00and then the appellant asked the complainant to go towards Colliery Store and to pay the amount. Upon such instruction, the complainant alleged to have taken out the tainted amount of Rs.500.00 and handed over it to the appellant but the appellant directed the complainant to pay the amount to another accused Jai Gobind Singh. Jai Gobind Singh kept the money in his left pocket of the shirt and he was caught red handed. Preliminary memorandum was prepared in presence of witnesses. After investigation, charge-sheet was submitted against the appellant and Jai Gobind Singh under Ss. 7 and 13(2) and Under Sec. 13(1) (d) of the Prevention of Corruption Act, 1988 for which appellant pleaded not guilty and claim to be tried and finally trial court convicted them under the aforesaid Sec. .