ARUN KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the aforesaid appeals are directed against the common judgment of conviction and sentence passed in connection with Vigilance (Spl.) Case No. 16 of 2003, whereby and whereunder, appellants have been convicted for the offence punishable under Ss. 7 and 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act.

(2.) Complainant is Sunil Kumar Munda, who had been awarded a work contract of Rs.69,800.00 under Gram Shamridhi Yojana in Chandil Block in the year 2002 for laying of bricks in village Balidih of District Saraikella, Kharsawan. After the completion of the work he received payment of Rs.50,000.00 by different cheques and also got wheat and rice of worth Rs.9,000.00. It is alleged that for clearing the bill for release of balance amount, Assistant Engineer-Arun Kumar and Junior Engineer-Ram Janam Sharma demanded Rs.3,500.00 each i.e. 5%-5% commission on the said amount.

(3.) On receipt of the complaint, the Superintendent of Police, Vigilance Bureau, Ranchi deputed police inspector i.e., Diwa Shankar Prasad to verify the complaint and submit his report. He accordingly verified the matter and found the allegation true and submitted his report to the Superintendent of Police, Vigilance Bureau, Ranchi. Thereafter, on the direction of the Superintendent of Police, Vigilance, Ranchi, Vigilance P.S. Case No. 14 of 2003 was lodged and the Dy. S.P., namely, R.K. Dhan was appointed as I.O. of the case.