B.P.Singh - (1.) THIS is an appeal against the judgment and order dated 7th December, 1979 passed by Sri B. K. Jain, Special Judge, Jhansi in Special Case no. 3 of 1977 State v. Shyam Behari under section 161 IPC and section 5 (2) of the Prevention of Corruption Act, P. S. Nawabad, District Jhansi.
(2.) THE case of the prosecution, as has been unfolded in the evidence of Suraj Prasad (PW 1) and Laxmi Prasad Sharma (PW 2), may briefly be stated as follow. Laxmi Prasad Sharma (PW 2) is a resident of Uldan and was a teacher in Jawahar Lal Nehru High School, Utdan during the year 1976-77. Smt.Shanti Devi, the daughter in law of Laxmi Prasad Sharma (PW 2) was employed as an Assistant Teacher in Barua Sagar Primary School. Smt.Shanti Devi's husband, Arvind Kumar, was a lecturer in Ram Sahai Inter College, Barua Sagar. Smt. Shanti Devi was placed under suspension by the authorities concerned with effect from 6-5-1976. On 13th May, 1976 Laxmi Prasad Sharma (PW 2) came to the office of the District Basic Shiksha Prishad and met the accussed Shyam Behari Sharma at about 2.00-2.30 p. m. The accused, Shyam Behari Sharma, was the dealing clerk regarding transfer suspension etc, of the teachers in the Jhansi district. On being enquired about the reasons for Smt.Shanti Devi's suspension, the accused gave out that Laxmi Prasad Sharma (PW 2) should not bother about the grounds or reasons for suspension and that he (the accused) would get the matter set right if he was paid a sum of Rs. 300/- for the same. The accused further gave out that he would also help in the subsequent transfer posting of Smt.Shanti Devi but he would take Rs. 100/- as advance and balance of Rs. 200/- was to be paid on the completion of the job, Laxmi Prasad Sharma (PW 2) agreed to the proposal and promised to pay Rs. 100/- to the accused on 14-5-1976. The accused had then asked Laxmi Prasad Sharma (PW 2) to come to the Board Office on 14th May, 1976.
(3.) LAXMI Prasad Sharma (PW 2) came out of the Board Office and sat for sometime near the courts' crossing. In the meantime at about 4 p. m. his son, Arvind Kumar, happened to come there from the side of Barua Sagar. LAXMI Prasad Sharma (PW 2) discussed the proposal of the accused with his son. Arvind Kumar, Arvind Kumar then informed his father that in the past also the accused had demanded Rs. 500/- by way of bribe for getting Smt. Shanti Devi's transfer stayed from Uldan to Pachwara and that the accused must be dealt with strictly and he should be trapped in the act of accepting the bribe. LAXMI Prasad Sharma (PW 2) wanted to talk to Civil Police but his son, Arvind Kumar, informed him that S. P. (Vigilence) was camping in the Circuit House, Jhansi and the matter should be brought to the notice of S. P. (Vigilence). After this decision Arvind Kumar went away, LAXMI Prasad Sharma (PW 2) then wrote an application (Ex. ka 8), which was addressed to S. P. (Vigilence), for laying the trap relating to the demand of bribe by the accused. Laxmi Prasad Sharma (PW 2) then went to Circuit House, Jhansi, and gave the application (Ex. ka 8) to S. P. (Vigilence) After reading the application (Ex. ka 8) S. P. (Vigilence) asked Laxmi Prasad Sharma (PW 2) to come on the next morning.;