- (1.) The sole appellant was put on trial to face charges under Sections 420, 468, 471 of the Indian Penal Code as also under Sections 7 and 13(2) of the Prevention of Corruption Act on the allegation that the appellant by putting his LTI on the pay slip of the complainant Indradeo Yadav took out wages of Rs.2929/- of the complainant and that the appellant on demand took Rs.200/- as illegal gratification. The trial court while acquitting for the charges under Sections 7 and 13(2) of the Prevention of Corruption Act, did find the appellant guilty for the charges under Sections 420. 468 and 471 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for two years on each count and also sentenced him to pay a fine of Rs.500/- under Section 468 of the Indian Penal Code and in default to undergo further rigorous imprisonment for three months. The sentences were ordered to be run concurrently.
(2.) The case of the complainant Indradeo Yadad (P.W. 5) is that he was working as Dumper Khalasi in Gonudih Colliery under the appellant, who was working as Dumber In-charge and used to take unofficial work from the complainant not only for himself but also for other and when the complainant made request from the appellant not to take personal work then the appellant told him that he will not take personal work provided he gives Rs.200/- every month. Thereupon the complainant told the appellant to give his pay card so that he may take payment of his wages and to oblige him. Further case of the complainant is that on 17-5-1993 he went to the office of the CBI and submitted written report (Ext.2/1) to the Superintendent of Police, CBI alleging therein that appellant has demanded Rs.200/- as reward for not putting him to harassment. The matter was referred to the Inspector Nripendra Mohan Prasad Sinha (P.W. 8) for verification, who on its verification found the allegation, prima facie, true and consequently submitted verification report (Ext. 6) to the Superintendent of Police, Dhanbad. Thereafter first information report (Ext. 8) was registered. Thereafter a plan was made to lay a trap and accordingly, independent witnesses, namely, Indradeo Yadav (P.W. 5) and Gautam Kumar Das (P.W. 1) were called and after doing formalities of pre-trap exercises, preliminary memorandum (Ext. 9) was drawn. During said course, currency notes produced by the complainant were treated with phenolphthalein power and were given back to the complainant after its numbers were noted in the memorandum with the instruction to him as well as to the witnesses to hand over the same to the appellant only when he makes demand and then to convey it to the members of the trap team by giving signal. On the next day, i.e, 18-5-1993 as per the plan, the complainant, independent witness and other officials of the CBI came to the office of the appellant but they were informed that appellant is not present there and has gone to his residence. On getting this information, members of the raiding party came to the residence of the appellant and the complainant as well as Gautam Kumar Das knocked the door of his quarter and rest of the members took suitable position in the residential premises. The appellant came out, he asked about the identity of said Gautam Kumar Das and when it was told by the complainant that he is his relative, the appellant told the complainant to ask him to go out of his house. Thereafter the appellant took the complainant to the drawing room and demanded Rs.200/- and on being tendered, he accepted and kept it over a cot. Upon it when signal was given T. J. Ghose, Investigating Officer (P.W. 10) as well as other members of the raiding party rushed towards the room and caught hold of the hands of the appellant. Appellant became perplexed and could not offer any explanation and then Rs.200/- tainted money (Exts. III to III/3) which was lying over the cot was recovered and numbers of the tainted money were found to be the same as mentioned in the preliminary memorandum and thereafter phenolphthalein test was undertaken whereby both the hands of the appellants as well as cloth on which tainted money was found lying were subjected to phenolphthalein test which were found positive and accordingly, samples of all the three solutions were kept in a file. When a search of the house was made Rs.2929/- (Exts. v to v/33) as well as pay card were recovered which were seized under Ext. 10. Thereafter memorandum of recovery (Ext. 11) was prepared. In course of investigation, those three samples were sent for its chemical examination to Director, Central Forensic Science Laboratory, Calcutta. On being examined contents of Sodium Carbonate were found in all the three samples and accordingly, Report (Ext. 7) was submitted.
(3.) After completion of investigation and after sanction of the prosecution was accorded under Ext. 2, charge sheet was submitted and accordingly, cognizance of the offence was taken. When the charges were framed, appellant pleaded not guilty and claimed to be tried.;