Criminal Appeal (SJ) No.7 OF 1995 (Appeal against the Judgment and Order dated 13.12.1994 passed by the Special Judge (Vigilance), Patna, in Special Case No. 14 of 1985) SHEO LAKHAN RAM, SON OF AYODHYA RAM, RESIDENT OF VILLAGE PITRO, P.S. AGIYAN (PIRO), DISTT. BHOJPUR, AT PRESENT BHATDIH, O.C., DISTT. DHANBAD. ------ APPELLANT. Versus THE STATE OF BIHAR ----RESPONDENT For the Appellant : Mr. Binendra Kumar, Roy, Adv. For the State : Mrs. Indu Bala Pandey, A.P.P. For the Vigilance : Mr. Ramakant Sharma, Sr. Adv. Mr. Manish Kumar, Adv. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: Heard. The Appellant has been convicted under Section 161 of the Indian Penal Code and Section 5(2) read with Section 5 (1)(d) of the Prevention of Corruption Act, 1994 and has been sentenced to undergo rigorous imprisonment for two years and a fine of ` 1,000/- in default three months rigorous imprisonment respectively by Special Judge, (Vigilance), Patna, in Special Case No. 14 of 1985 by a judgment dated 13.12.1994. The prosecution case is that the Complainant was the Informant of Alauli P.S. Case No. 115 of 1985 and when he approached the Appellant for investigating the case properly since he was the A.S.I. of Alauli P.S., he demanded gratification for doing so. On one occasion, he took ` 200/- whereafter a trap 2 team was constituted and in their presence the Appellant is said to have accepted ` 600/- as further gratification. The prosecution in all examined eleven witnesses out of whom PW-1, PW-3, PW-4, PW-6, PW-7, PW-10 and PW- 11 are on the point of alleged demand and recovery. PW-6 is the Complainant/Informant whereas PW-2 is the shadow witness. PW-4 and PW-7 are the persons who had made signatures on the currency notes which were to be handed over to the Appellant. PW-10 was the Incharge of Alauli P.S. who brought all the documents with regard to the Alauli P.S. Case No. 115 of 1985. On going through the evidence of the material witnesses, I find that PW-2 the shadow witness fully corroborated the facts that initially ` 200/- was paid to the Appellant and he also further demanded the rest 600/-. With regard to the recovery of the rest of the money, PWs-3, 4, 10 and 11 are completely consistent. In view of such, finding no merit in the Appeal, the same is dismissed. However, the sentence of the Appellant is converted to one that he has already undergone. In addition the Appellant (if alive) will deposit a fine of ` 1,000/- within eight weeks of notice from the Trial Court and if he fails to do so, he shall be sentenced to a period of three months. This amount shall be paid to the Complainant/his family by the Trial Court. With this modification, the Appeal is dismissed. 3 Patna High Court, Patna Dated, the 19th April, 2011 NAFR/S.ALI ( Anjana Prakash, J.)