BANARSI DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal under Article 136 of the Constitution of India is directed against the final judgment and order of conviction dated 20.11.2002 passed by the learned Single Judge of the High Court of Punjab & Haryana at Chandigarh. Learned Counsel appearing for the appellant has raised challenge to the impugned judgment, inter alia, but primarily on the following grounds:

(2.) On behalf of the State, it has been argued that the judgment of conviction and sentence is duly supported by the oral and documentary evidence produced by the prosecution. The prosecution has been able to bring home the charge against the accused. The ingredients of Section 5(2) of the Act as well as Section 161 of the Indian Penal Code (for short, 'the IPC') are duly satisfied. The appellant being a public servant has not to indulge in demanding bribe. Thus, no leniency is called for in favour of the accused. In order to examine the merit or otherwise the contentions raised, it is important for us to refer to the basic facts as emerged from the records, giving rise to the present appeal.

(3.) The appellant was newly posted as patwari in Village Piruwala. One Pritam Kaur had agricultural land at Village Piruwala. Her daughter, namely, Sat Pal Kaur was informed during 1986 that Khasra Girdawaris of Pritam Kaur's land had been recorded in the name of Jit Singh and others as tenants by the previous Patwari. Smt. Sat Pal Kaur took up the matter with those tenants who admitted that the Khasra Girdawaris has been wrongly recorded by the Ex-Patwari in their favour. She also obtained no-objection on the application moved by her mother which was submitted to the Tehsildar Chachhrauli. The application was moved for the purposes of incorporating the necessary changes at the time of the next Khasra Girdawaris in the coming season. Smt. Sat Pal Kaur contacted the village Patwari (appellant herein) in the Kharif season for recording Khasra Girdawaris in favour of her mother during the period of October, 1986. It is further the case of the prosecution that the appellant demanded illegal gratification of Rs. 900/- (rupees nine hundred) but that deal was struck at Rs. 400/- (rupees four hundred) for making the requisite changes, in the presence of Gurmej Singh, a taxi driver, whose taxi had been engaged by Sat Pal Kaur while visiting the appellant. Sat Pal Kaur contacted Shri Hari Singh, Deputy Superintendent of Police, Jagadhri at Bilaspur where Shri S.K. Joshi, Sub- Divisional Executive Magistrar, Jagadhri, was also present. She reported the matter. Her statement was recorded. She also produced four currency notes of the denomination of Rs. 100/- each and the same were signed both by Hari Singh, DSP and S.K. Joshi, Sub-divisional Executive Magistrate. They went to Patwari of Chachhrauli. They were told by the officers that on demand she should hand over the money and once money was accepted she should inform the Police Station and the trap was accordingly planned. Sat Pal Kaur accompanied by Gurmej Singh left for Patwar-khana which was about one km. from the Police Station, Chachhrauli. She took Rs. 400/- duly signed by the said officers to pay as gratification to the Patwari. The money was given to the appellant and accordingly Gurmej Singh reported the matter to Shri Hari Singh, DSP and Shri S.K. Joshi at the Police Station. They rushed to the spot in a jeep that was parked at some distance from Patwar-khana. On actual search of the appellant, four currency notes duly signed by the officers were recovered from the front left pocket of the shirt. Recovery memo for the same was prepared. The tenants had raised no objection and that application was also found on the table of the appellant in Patwar-khana which was taken into possession. After conclusion of the trap, the appellant was arrested and a case was registered with the Police Station Chachhrauli. After completion of the investigation, a challan regarding commission of offence under Section 161 of the IPC and under Section 5(2) of the Act was filed before the Court of competent jurisdiction. The Court framed charges on both these offences and the appellant was put to trial.