MAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal by Special Leave from a Judgment of the Punjab and Haryana High Court.

(2.) The appellant was convicted by the High Court for an offence under Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act and sentenced to one year's rigorous imprisonment and a fine of Rs. 100/-, in default of payment of fine he was to suffer further rigorous imprisonment for three months. This was in reversal of the Order of the Special Judge who had acquitted the appellant.

(3.) The case of the prosecution was that the appellant was a Patwari at the material time. He demanded illegal gratification from Amar Singh PW-1 for supplying certified copies of certain Khasra Girdawari and Jamabandi entries. Amar Singh PW-1 reported the matter to the Deputy Superintendent of Police. Prem Kumar Sharma PW-13, at Police Station Sadar Panipat, who after complying with all the necessary formalities organised a raid. The currency notes which were produced by Amar Singh PW-1 were duly signed by the Deputy Superintendent of Police. The raiding party which consisted of PW-1 Amar Singh, PW-2 another Amar Singh son of Molu, the Deputy Superintendent of Police, Prem Kumar Sharma PW-13. Tara Chand PW-12, a member of the Block Samiti and some other persons, went in a jeep which was parked in the neighbourhood of the Patwarkhana, Pursuant to the pre-arranged plan the signal was given at the material time and the police party rushed to the office of the appellant and from his shirt currency notes. Exhibits P-1 to P-14, amounting to Rs. 230/- were recovered. Those were the same which had been signed by PW-13.