HUKAM CHAND Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is directed against the order of Shri V.S Aggarwal, Special Judge, Delhi, dated 18th July 1979 whereby be found the appellant, Hukam Chand, guilty under section 161 IPC and sentenced him to undergo rigorous imprisonment for two years and to payment of fine of Rs. 100/-. In default of payment of fine he was further required to undergo imprisonment for one month. The appellant was also convicted under section 5(2) read with section 5(1 )(d) of the Prevention of Corruption Act and on this account also he Was sentenced to undergo rigorous imprisonment for two years and the sentences were directed to run concurrently.

(2.) Briefly stating, the charge against the appellant is that he accepted and obtained from one Surat Singh PW 1 a sum of Rs. 50/- as illegal gratification other than his legal remuneration as a reward for supplying a copy of Khasra Girdawari and also for his promise that he would rectify entry therein.

(3.) Stating in some detail the facts that ultimately culminated in the conviction of the appellant are that one Surat Singh PW 1 came to know that the appellant has made false entries in the Khasra Girdawari in respect of Khasra No. 81 belonging to Surat Singh and had shown the land in possession of some other person who was not the resident of the village on 17th July 1978 at about 10 A.M. Surat Singh PW 1 is supposed to have visited the appellant and enquired from him the reason for his so doing. The appellant-accused in reply is stated to have asked Surat Singh to apply for a copy of Girdawari and also to submit an application before the Tehsildar for rectification thereof. He is stated to have promised that when he receives the application then he (appellant) would get the rectification done. Surat Singh. thereupon demanded a copy of Khasra Girdawari and also wanted the appellant to advice him as so how he should draft the application. It is at this stage that the appellant is supposed to have demanded Rs. 50/- for supply of copy of Khasra Girdawari and also advised Surat Singh to pay the remaining amount when the work is done. The appellant is also stated to have told Surat Singh that he would be visiting Surat Singhs house for this purpose at 6 P.M. when he would also deliver a copy of the Khasra Girdawari and collect the money. He also held out a promise that on visiting, his house he would also let him know as to how the application would be drafted.