S.K.AGARWAL, J. - (1.) HEARD learned counsel for the appellant and learned A.G.A.
(2.) IN this case, the appellant was convicted for an offence under Section 5 (2) of the Prevention of Corruption Act. He was sentenced to 2 years' R. I. and was directed to pay a fine of Rs. 500. In default thereof, he was sentenced to undergo three months simple imprisonment. He was also convicted under Section 161, I.P.C. and sentenced to R.I. for two years. Both the sentences were to run concurrently. The brief facts of the case are that Rajendra Singh Kushwaha, an employee of the same department was asked to pay a bride of Rs. 150 for protecting him from any recovery against any shortage detected against him in his capacity as Assistant Agriculture Inspector, by the appellant. The allegations are also against the Project Officer Shri Lal Mani Ram. The allegation made in the application is that the appellant Bhaiya Lal who was an accountant in the same office is demanding illegal money, i.e., Rs. 150 in collusion with the Project Officer Shri Lal Mani Ram for protecting him from the recovery. This application is Ext. Ka -9. This application was given to District Magistrate, Banda. District Magistrate, Banda directed Additional District Magistrate (Finance) to take necessary steps in effecting the arrest of the appellant. The A.D.M. (Finance) called Ram Lakhan Gupta, P.W. 8 Sub -Divisional Magistrate, Banda to his office and got papers prepared by him including the statement of Rajendra Singh Kushwaha. After preparation of the papers, Shri Ram Lakhan Gupta, S.D.M., Banda had summoned the Circle Officer, Sadar Shri Om Prakash Kakkar to the office of A.D.M. (Finance). He was handed over all relevant papers so prepared by him. Complainant Rejendra Singh Kushwaha was also handed over to this officer P.W. 6. He came out of the office of A.D.M. (Finance) and proceeded towards the place of incident, the Agriculture Office, which is situated at about 100 steps from City Telephone Exchange. He came across other police personal including S.H.O. P.S. Kotwali, Shiv Nandan Singh. The entire police party that accompanied Circle Officer was in regular police dress. They accompanied the Circle Officer, Sadar, P.W. 6 abandoning their jeep in front of Telephone Exchange towards the office of the appellant and reached there. They found the appellant sitting on a table and talking to a stranger. The complainant entered into the room and handed over the requisite money, i.e., Rs. 150, containing a note of Rs. 100 bearing No. AA/35 377745 and a note of Rs. 50 bearing No. 3 DH 355826. According to recovery memo, statement of Rajendra Singh before passing on the money to the appellant was that you have demanded Rs. 150 for not effecting the recovery, I have brought that money. Please accept it. Stating so, that money was handed over to the appellant. He had kept them in his purse. Immediately thereafter, the police party including P.W. 6 entered the room and effected the arrest and recovery of the impugned notes. Recovery memo is Ext. Ka -6. The appellant was there after taken to the police station concerned and all the formalities pertaining to sealing of notes, sealing of purse containing notes, etc. and lodging of the F.I.R. were completed at 8.15 p.m. by P.W. 6. Recovery memos were prepared on the dictation of P.W. 6 by another Sub -Inspector Shiv Nandan Singh. The sanction was obtained and the appellant was put to trial. The trial ended into conviction of the appellant as stated above.
(3.) THE prosecution in order to support its case has examined two public witnesses who were taken from the said crossing in front of telephone exchange. They are P.W. 1 Mithlesh Kumar Dwivedi and P.W. 2 Shiv Prasad, P.W. 3 Rajendra Singh Kushwaha is complainant. P.W. 4 Akshey Kumar Singh is the Investigating Officer of the case. P.W. 5 Rishi Ram Sharma is Director, U. P. State Seed Certification Organisation, Lucknow. The sanction order is Ext. Ka -5, Om Prakash Kakkar P.W. 6, as earlier stated, conducted raid and arrested the appellant along with the bribe money. P.W. 7 is Munna Lal Katiyar. At that time, he was Head Moharir at police station Kotwali, Banda. He had proved various Exts. Pertaining to the registration of the case, check F.I.R. and other papers. P.W. 8 is Ram Lakhan Gupta who was Sub -Divisional Magistrate of the district at the relevant time. He has proved the application given to District Magistrate, Banda by the complainant and the fact that application was transmitted to A.D.M. (Finance) on whose call he had co -ordinated with him in preparing Ext. Ka -2. The order given by him to Circle Officer., Sadar for organising trap is Ext. 8. The order of District Magistrate pertaining to A.D.M. (Finance) is Ext. Ka -9 Ext. Ka -10 is the statement of Rajendra Singh Kushwaha. The notes, which was initiated by him are Exts. 3 and 4. Fard pertaining to these notes is Ext. Ka -11. This is the entire evidence that has been brought on record in support of its case by the prosecution.;