GANGA RAM PETWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) JUDGMENT This appeal has been directed against the judgment and order dated 06.03.2006 passed by learned Special Judge, (Preven­tion of Corruption Act) 2nd F.T.C., Nainital in Special Criminal Case No. 06/2002, whereby the accused/appellant was convicted and sentenced to undergo rig­orous imprisonment for a period of two years and to pay a fine of Rs. 5,000/-under Section 7 of Prevention of Corrup­tion Act. It was further directed that in default of payment of fine, the accused/appellant would further undergo simple im­prisonment for a period of one month. The appellant was also convicted & sen­tenced to undergo rigorous imprisonment for two years and to a fine of Rs. 5,000/- under Section 13 (2) of the Prevention of Corruption Act, 1988. Both the sen­tences would run concurrently.

(2.) BRIEF facts of the case as emerges from the record are that an F.I.R.(Ex.ka.1) was submitted by the complainant Uday Singh Tadiyal on 08.04.1995 to the Su­perintendent of Police, Vigilance Deptt., U.P. Dehradun alleging therein that he has some land at Salamkhet Tok where he had a house. It was alleged that his fa­ther and some family members were re­siding there and they used to work in their agricultural land. It was further alleged that from the nearby place, some of the pipe-lines were fixed towards Rani Chaura out of which, a few pipes were stolen. Ganga Prasad Patwal-appellant, who was the Patwari at Rani-Chauri Chen, got re­covered one water-pipe from their field at Salamkhet Tok. Thereafter, the patwari took his father to police chowki. This in­cident was witnessed by some of the peo­ple. Later on when the informant came to know this fact, he went to the Patwari Chowki and met Patwari. The Patwari asked the informant to give him illegal gratification of Rs. 5,000/-, if he does not want his father challaned in this matter. But later on at the request of the inform­ant, the Patwari agreed to take illegal grati­fication of Rs. 3,000/-. It was further al­leged that the informant brought Rs. 1,000/- from his house and assured Patwari that he would make arrangement of Rs. 2,000/- later on. Thereafter, the in­formant took his father home. Since then, the Patwari was putting regular pressure on him to pay illegal gratification for Rs. 2,000/-. It was further alleged that the complainant does not want to give the bribe to Patwari but want him to be caught red handed. The complainant has mentioned twenty currency notes of Rs. 100/- each amounting to Rs.2,000/- which he was to hand over to the accused/ap­pellant as illegal gratification. The Super­intendent of Police, Vigilance, U.P., Dehradun forwarded complaint to Deputy Superintendent of Police, Shri B.S. Panwar and directed him to lead a trap with a party. Thereafter, they conducted pre-trap proceedings at one room of Vet­erinary Hospital, Chamba on 10/11/1995 in presence of panch witnesses namely Ranveer Singh Khati, employee of Vikas Khand Chamba and Gajendra Notiyal, Gram Panchayat Adhikari, Chamba. Mr. B.S. Panwar, leader of the trap party also talked with the complainant in the pres­ence of the witnesses. The complainant, Udai Singh corroborated the fact of the tehrir. Mr. B.S. Panwar instructed him that the currency notes mentioned in the Tehrir would be given by him to the ac­cused/appellant as bribe. The numbers of the currency notes were ascertained and thereafter Mr. B.S. Panwar made his ini­tial on the currency notes. After conduct­ing the pre trap proceedings, the trap party before proceeding to Patwari Chowki, Badsahithol. Shri B.S. Panwar smeared phenolphthalein powder on these currency notes. Thereafter, he took a glass of wa­ter and added sodium carbonate powder in it. He took a sample of this mixture in a separate phial (Ex.Ka-2) and told the complainant to hand over the said notes to the accused/appellant. Thereafter, the trap party alongwith the complainant pro­ceeded towards the Patwari Chowki in a Gypsi. The trap party followed the com­plainant. When the complainant handed over the illegal gratification to the accused/appellant, the trap party was also witness­ing the entire incident. When the trap party came to know that the illegal gratification has been taken by the accused/appellant, they arrested the accused/appellant. After completing the necessary formalities, the police submitted the chargesheet u/s 7/13(1) (d) and 13 (1) (2) of Prevention of Corruption Act, 1988 against the accused/appellant.

(3.) THE prosecution in support of its case examined PW1 Udai Singh, com­plainant; PW2 Ranveer Singh Khati, panch witness; PW3 Vijendra Singh Panwar, leader of the trap party; PW4 4 Surendra Pal Singh, Investigating Officer; PW5 Constable Bhupendra Singh; and PW6 Constable Manwar Singh.