Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) NO.188 OF 2001 WITH CRIMINAL APPEAL (SJ) NO. 191 OF 2001 =========================================================== AGAINST THE JUDGMENT OF CONVICTION AND THE ORDER OF SENTENCE DATED 21ST MAY, 2001 PASSED BY SHRI JITENDRA MOHAN SHARMA, SPECIAL JUDGE (VIGILANCE), NORTH BIHAR, PATNA IN SPECIAL CASE NO. 22 OF 1990 =========================================================== 1. NARENDRA KUMAR VERMA, SON OF LATE SHEO NANDAN PRASAD, RESIDENT OF MOHALLA LALLU POKHAR, POLICE STATION KASING BAZAAR, DISTRICT MUNGER. T PRESENT, RESIDING AT D-BLOCK, KADAMKUAN, POLICE STATION KADAMKUAN, DISTRICT PATNA ... .... APPELLANT (IN CR. APP. NO. 188 OF 2001) WITH 1. MOHAMMAD SHAFI, SON OF LATE ABDUL GANI, RESIDENT OF MOHALLA LINE BAZAAR, POLICE STATION K. HAT, DISTRICT PURNEA 2. BRAJ GOPAL CHOUBEY, SON OF LATE BHUP NARAIN CHOUBEY, RESIDENT OF VILLAGE SAUSA, POLICE STATION K. HAT, DISTRICT PURNEA .... .... APPELLANTS (IN CR. APP. NO. 191 OF 2001) VERSUS THE STATE OF BIHAR .... .... RESPONDENT (IN BOTH THE APPEALS) =========================================================== APPEARANCE : (IN CR. APP (SJ) NO. 188 OF 2001) FOR THE APPELLANT : MR. SANJEEV KR. NO. 1, ADVOCATE MR. SHAMSHED ALAM, ADVOCATE FOR THE RESPONDENT : MR. RAMAKANT SHARMA, SR. ADV. MR. SANTOSH KR. PANDEY, ADVOCATE (IN CR. APP (SJ) NO. 191 OF 2001) FOR THE APPELLANTS : MR. BINOD KUMAR SINGH, ADVOCATE FOR THE RESPONDENT : MR. RAMAKANT SHARMA, SR. ADV. MR. SANTOSH KR. PANDEY, ADVOCATE =========================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL JUDGMENT Date: 14-12-2012 Sheema Ali Khan, J. The appellant Mohammad Shafi (appellant of Patna High Court CR. APP (SJ) No.188 of 2001 dt.14-12-2012 2 / 9 2 Criminal Appeal No. 191 of 2001) is dead as per the submission made on behalf of the appellants Braj Gopal Choubey. He has not filed any death certificate to substantiate this fact and as such, the Trial Court may ascertain this fact through the Superintendent of Police, Purnea or the Officer-in-charge, K. Hat Police Station, Purnea. In case, the appellant is dead, the appeal will abate against him. However, in view of the judgment I intend to deliver, it is not required that the heirs of Mohammad Shafi be added as party in this particular appeal. 2. The appellants have been found guilty by the Special Judge (Vigilance), North Bihar, Patna in Special Case No. 22 of 1990 under [STATUTE] read with Sections 5 (1) (d) and 5 (2) of the Prevention of Corruption Act. They have been sentenced to undergo rigorous imprisonment for one year for each of the offences. The sentences were to run concurrently. 3. Narendra Kumar Verma was the Land Acquisition Officer, Mohammad Shafi was the Head Clerk, whereas Braj Gopal Choubey was the Cashier in the Land Acquisition Office. On a written report, the First Information Report was instituted on 16.08.1978 by M. M. Murmu, Deputy Superintendent of Police, Cabinet Vigilance Department, Purnea Camp-Forbesganj, in which it has been stated that he had received a confidential information through reliable sources that some party is going to be paid compensation amount because Patna High Court CR. APP (SJ) No.188 of 2001 dt.14-12-2012 3 / 9 3 their lands have been acquired by the State of Bihar. The compensation amount was Rs. 2,66,851=75 for which a bank draft was prepared and obtained from the State Bank of India, Purnea. It was to be enchased and thereafter the allegation is that the parties deducted 10 per cent from the compensation amount and deposited the rest in the account of the land owners. The said 10 per cent amount was demanded as the Land Acquisition Department of Purnea had given assurance to the land owners that their cases would be entertained for grant of enhanced rate of compensation in due course. The informant along with B. S. Banerjee, Inspector, Vigilance (not examined), Tarni Sahani, Watcher, Vigilance, Purnea (tendered for cross-examination), Lal Bahadur Singh, Watcher (PW 5), Dayanand Prasad Verma, Watcher, Vigilance, Purnea (not examined), Ram Govind Jha, Vigilance, Purnea (not examined) left Purnea in the morning of 16.8.1978 and reached Forbesganj Police Station. Thereafter, they took the help of the local police. The Inspector of the Police Station made available the services of A.S.I. Bidyanand Choudhary, Constable 367 Sant Bilash Singh, Constable 1157 Ramdeo Singh, Constable 1154 Yadunandan Ishar and Havildar Sriniwas Singh to the informant. (none of the aforesaid persons have been examined during the trial). 4. The informant deputed Lal Bhadur Singh and Dayanand Prasad Verma, Watchers to watch the activities of Patna High Court CR. APP (SJ) No.188 of 2001 dt.14-12-2012 4 / 9 4 the Land Acquisition Officer and his staff at Forbesganj Dakbunglow where they were to make payment. Both of them reported that the bank draft has been deposited by the Land Acquisition Officer and his staff in the State Bank of India, Forbesganj, and they further reported that the Land Acquisition Officer and Staff had obtained the signatures of the party at the Dakbunglow, where they were sitting. After obtaining the signatures, the land owners were directed to reach the State Bank of India, Forbesganj. The Officers of the Vigilance Department and the local Police proceeded towards the State Bank of India and reached there around 01:30 PM. The watchers were instructed to keep a watch over the movements of the Land Acquisition Officers and other staff accompanying him. At about 02:15 PM, in the afternoon, Watcher Tarani Sahni gave the signal that the parties had taken their shares in the compensation amount, which was supposedly in a black-coloured bag. The Land Acquisition Officer and the others sat on a car nearby. At this point, the local Police, the informant and the watchers surrounded the car and challenged the Land Acquisition Officer, accusing him of taking bribe. They s

Applicable IPC Section: 161

Statute Text:
Section 161 of the Indian Penal Code. Being or expecting to be a public servant, and taking A gratification other than Legal remuneration in respect of an official act. Repealed by the Prevention of Corruption Act, 1988