RAMNATH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Criminal appeal is directed against the judgment of conviction under section 7 as also under section 13(1)(d)(ii) of the Prevention of Corruption Act, 1988 passed by the Special Judge, Vigilance, Ranchi in Special Case No. 39 of 1989 on 25.4.2000 whereby and whereunder the sole appellant, Ramnath Prasad Singh has been sentenced to undergo rigorous imprisonment for one year and fine of Rs. 500/ - with default stipulation on each count. Both the sentences were directed to run concurrently.

(2.) THE prosecution story as it stands narrated in the written report of the informant, Puran Oraon (P.W. 1) presented before the Additional Superintendent of Police, Cabinet Vigilance Department. Ranchi on 10.8.1989 was that by the order of District Superintendent of Education, Ranchi vide No. 359 dated 30.1.1989 his salary as I.A. trained (selection grade) was approved w.e.f. 1.4.1981 and pursuant to that the informant requested the Headmaster of the school, Ramnath Prasad Singh (appellant) several occasions for payment of arrears through Treasury bill which was subterfused by him, However, he got his arrear bill prepared and made it over to the Headmaster on 10.4.1989. It was alleged that the headmaster(Appellant) agreed to get the bills processed only on the commission of 5% as the treasury expenses and he forcibly took Rs. 700/ -from him in presence of the teachers of the school on 30.6.1989. Yet on 3.7.1989 after getting the arrears bill of the informant passed through Treasury to a sum of Rs. 13,797.80 paise, he deposited the said amount in his own account No. 372 of Pandra Branch of the State Bank of India. On persistent request the appellant -headmaster agreed to issue a cheque to the informant of his such amount only on payment of the balance treasury expenses amount of Rs. 300/ - to him. On the promise of the informant, the headmaster (appellant) of the Government middle school Kulii (Bero) issued a cheque on 13.7.1989 but without mentioning his account number as a result of which the cheque could not be honoured. On pointing out, the appellant transferred the said amount in the account of the informant on 21.7.1989, yet the appellant continued demanding Rs. 300/ - from the informant in the manner, a money lender does. The informant requested the Addl. Superintendent of Police, Cabinet Vigilance Department, Ranchi to protect him from exploitation of the headmaster(appellant).The signature of the informant on the written report has been proved (Ext. 1).The Addl. Superintendent of police by his endorsement on the written report asked the Inspector of Police Garbet Hembram to verify the complaint made by the informant and to report.

(3.) ON demand the informant produced six G.C Notes of Rs. 50/ - each total to the tune of Rs. 300/ - before the Addl. S.P. to which a memorandum was prepared after treating the notes with Phenolpthaline powder and it was returned to him with specific direction to the informant to deliver it to the appellant only on demand by him as bribe. The informant then put his signature on the memorandum of G.C. Notes (Ext. 3).