Indravijay Alok vs State Of M.P

Prosecution story, in brief, is that a piece of land in Badoni Khurd was in the name of one Badri, younger brother of PW-3 Ram Singh (complainant). Appellant Indra Vijay Alok was the Patwari of Halka area during the relevant period, i.e. in 1987. After death of Badri, complainant and his mother Bhagobai sought mutation of their names in the revenue record. When Bhagobai, mother of the complainant, met the appellant in this connection, he demanded Rs. 1900/- out of which she paid Rs. 900/-. When Complainant (PW-3) came to his village, his mother told him about the demand made by the appellant. On this, on 18.05.1987 he (PW-3) himself met the appellant, who clearly told him that unless further Rs.1000/- is paid to him, the mutation would not be done. This compelled PW-3 Ram Singh (complainant) to make a complaint (Ext.P-3) on 17.6.1987 to Superintendent of Police (Vigilance), Gwalior. A trap was laid, headed by PW-4 B.L. Vashist (Deputy Superintendent of Police) in which PW-2 Ashok Bhargava (Deputy Collector) and one Sahir (DW-6) were panch witnesses. Before trap, ten currency notes of Rs.100/- of the complainant were applied phenolphthalein powder, and a memorandum (Ext.P-4) was prepared. As per the plan, PW-3 Ram Singh and panch witness Sahir were followed by PW-2 Ashok Bhargav, Deputy Collector, PW-4 B.L. Vashist, Deputy Superintendent of Police, and PW-6 Inspector Raghuraj Shastri. When the team reached the house of the appellant in Khidki, Distt. Datiya, and the appellant accepted the amount of Rs.1000/-, a signal was given to the police party, which immediately caught the appellant and his hands were washed in water in a bucket, which turned red. Thereafter, the raiding party asked the appellant to take out Rs.1000/- accepted by him from PW-3 Ram Singh. The currency notes recovered tallied with the memorandum (Ext.P-4) and fresh panchnama was prepared. Thereafter, the appellant was arrested and crime was registered. After investigation, the Investigating Officer R.S. Parihar (since died) filed the charge sheet against the appellant Indra Vijay Alok for his trial in respect of offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988.

The trial court, after hearing the parties, found that the evidence of PW-3 Ram Singh and statement given by PW-2 Ashok Bhargav (Deputy Collector) read with the statements of other prosecution witnesses, and the documents proved on record, leave no room of doubt that the accused demanded Rs.1000/- from PW-3 Ram Singh for getting entered his name and that of his mother in place of Badri in the revenue record, and Rs.1000/- was given to and accepted by the accused when the trap was laid, and the same was recovered from the pocket of his pant. Thereafter, the trial court heard the accused on sentence, and sentenced him to rigorous imprisonment for a period of one year and directed to pay fine of Rs.1000/- under Section 7 of the Prevention of Corruption Act, 1988. The accused was further convicted under Section 13(1)(d) read with Section 13(2) of the Act and sentenced to rigorous imprisonment for a period of two years and directed to pay fine of Rs.1000/-. For each of the defaults in payment of fine, the convict was directed to undergo further three months rigorous imprisonment.

For the reasons, as discussed above, we are not inclined to interfere with the impugned order passed by the High Court. Accordingly, the appeal is dismissed. The bail granted to the appellant Indra Vijay Alok is cancelled. The trial court shall take him into custody to serve out the remaining part of the sentence.