LAWS(JHAR)-2007-2-50

GOUR CHANDRA MANDAL Vs. STATE OF BIHAR

Decided On February 23, 2007
Gour Chandra Mandal Appellant
V/S
STATE OF BIHAR (NOW JHARKHAND) Respondents

JUDGEMENT

(1.) THE sole appellant was put on trial to face charges under Sec. 161 of the Indian Penal Code as well as under Sec. 5(2) read with Sec. 5(1)(d) of the Prevention of Corruption Act on the allegation that the appellant being a public servant demanded and accepted illegal gratification of Rs. 100.00 as reward for doing official act. The trial court having found the appellant guilty for the said charges sentenced him to undergo rigorous imprisonment for one year each for the offence under Sec. 161 of the Indian Penal Code as well as under Sec. 5(2) read with Sec. 5(1)(d) of the Prevention of Corruption Act. He was further sentenced to pay a fine of Rs. 500.00 under Sec. 161 of the Indian Penal Code and in default to undergo for further rigorous imprisonment for three months. Both the sentences were ordered to be run concurrently.

(2.) THE complainant Batul Singh (P.W.8) while was working as a Miner Loader during the year 1986 - 87 in the South Govindpur Colliery, Area III, BCCL, Dhanbad suffered Tuberculosis and hence he was referred to TB Ward on 13.10.1986. Subsequently, he was admitted to Central Hospital, TB Ward, Dhanbad on 16.10.1986 under registration ticket (Bed Head Ticket) (Ext.1) and was under the treatment of Dr. Kamla Kant Ojha (P.W.1). Subsequently, Dr. S.K. Mandal, Head of the Department of the TB Ward advised P.W.1 to refer the case of the complainant Batul Singh to Ram Krishna Mission Sanatorium, Ranchi and accordingly, endorsement to that effect was made on 26.11.1986, vide. Ext.1, but he was not sent to the Sanatorium as necessary document was not forwarded by the appellant Gour Chandra Mandal, who was working as Ward Boy in the TB Ward of Central Hospital, Dhanbad, though he was repeatedly requested by the complainant Batul Singh to do so but said Gour Chandra Mandal always asked for Rs. 100.00 for doing needful. Admittedly, the complainant told him that he will make complaint to Dr. Mandal to which appellant replied that he is least bothered for that. Thereafter the complainant again made request but the appellant did not budge and instead of doing needful the appellant asked the complainant to go home and bring money and then by conveying to the appellant that he is going home for taking money, the appellant came to the office of the Superintendent of Police, CBI, Dhanbad and submitted a written complaint (Ext.9) on 7.1.1987, which was referred to Sub -Inspector of Police, CBI, Dhanbad S. Sharma (not examined) for its verification, who on its verification found the allegation, prima facie, true and consequently submitted verification report (Ext. 16) to the Superintendent of Police, CBI, Dhanbad. Thereupon first information report (Ext.11) was drawn and a case was registered. Thereafter the matter was endorsed to one Lakhi Prasad, Sub - Inspector of Police, CBI, Dhanbad for investigation, who constituted a team consisting of himself, L. M. Mishra Inspector, CBI, Dhanbad (not examined), S. Sharma, Sub -Inspector, CBI, Dhanbad (not examined), U.K. Rai, FC, CBI, Dhanbad (not examined), J. Rajak, FC, CBI, Dhanbad (not examined) and also two independent witnesses, namely, R.K. Dubey (P.W.2) and S. Prasad (P.W.

(3.) IN course of trial, the prosecution in order to establish the charges examined as many as ten witnesses. Apart from the complainant (P.W.8) as well as shadow witnesses, namely, R.K. Dubey (P.W.2) and S. Prasad (P.W.3), one Dr. Kamlakant Jha (P.W.1) was examined on the point that the complainant was treated at TB Ward at Central Hospital, Dhanbad. Investigating Officer Lakhi Prasad was examined as P.W. 10.