VINOK KULKARNI Vs. STATE OF M.P.

JUDGEMENT

(1.) BOTH the appellants, Vinod Kulkarni and Shiymohan, respectively, Sub -Engineer and Asstt. Operator in M.P.E.B., then posted at Bangaon (District Obhindwara), have preferred this appeal against the judgment and finding dated 7 -7 -1983 in Special Criminal Case No. 2/82 of the Court of Special Judge, Obhindwara. Both have been convicted under section 5(I)(d) read with section 5 (3 -A) of the Prevention of Corruption Act and each has been sentenced to undergo R.I. for one year and fine of Rs. 500/ - each, in default R.I. for four months.

(2.) IT is common ground that Vinod Kulkarni and Shivmohan are public servants, being respectively Sub -Engineer and Asstt. Operator in M.P:E.B. Vinod Kulkarni was previously posted at Thana, Sagar Division but under orders dated 24 -10 -1981 (Ex. P -11) he was transferred in the same capacity to Bangaon in Chhindwara Division vice Sharada Charan Shukla (P.W. 6), who was transferred in the same capacity to Bhana. Vinod Kulkarni (for short Kulkarni) was relieved but Sharad Charan Shukla (P.W. 6) had not handed over complete charge. The taking over and handing over of the charge was in process on the relevant dates, i.e. 24 -4 -1982 and 26 -4 -1982. It is also not disputed that Sharada Charan Shukla (P.W. 6) was not reluctant to proceed on transfer and was trying for its cancellation. Niranjan (P.W. 1) the bribe giver in this case) was a farmer at village Keolari within the jurisdiction of Bangaon Sub Station. He had taken a temporary electric connection with a meter for running a thrasher machine for which he had paid an advance of Rs. 200/as per receipt No. 27531/264 dated 5 -4 -1982, which was seized during investigations (seizure memo (Ex. P -2). It is further undisputed that on 24 -4 -82 Kulkarni (appellant No. 1) along with a helper Rameshwar Soni had visited the form belonging to Niranjan Kumar (P.W. 1) at village Keolari. Undisputedly, the thrashing machine was not in his field but was found in the field of Manearam (P.W.4). Kulkarni tested the meter. There was some conversation, which is subject matter of dispute. But ultimately Kulkarni disconnected the line and the meter was removed and taken back to the sub -station.

(3.) THE accused Kulkarni was charged with an offence punishable under section 161 I.P.C. for attempting to obtain from Niranjan (P.W. 1) gratification of Rs. 400/ - as a motive or reward for doing an official note or for showing some official favour, i.e. for replacing the' meter that 'has been removed by him. Kulkarni was further charged under section