ARJUNLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE accused/appellant has been held guilty for an offence punishable under section 5 (1) (d) read with section 5 (2) of the Prevention of Corruption Act, 1947, and sentenced to rigorous imprisonment for one year by the Special Judge, Morena. The charge against the accused/ appellant was that on 2 -7 -1981 at Sabalgarh, being a public servant as Patwari of Ward No. 27, Tehsil Sabalgarh, he obtained a sum of Rs. 500/ - from one Maniram Dhakad other than legal remuneration by corrupt or illegal means.

(2.) IN the year 1980, Maniram Dhakad (P.W. 1) agreed to purchase two parcels of land from one Chironjilal, a caste fellow. Chironjilal in his turn had purchased the two parcels of land under two registered sale -deeds. One sale -deed Was by Bhoopsingh Thakur dated 18 -5 -79 and for a consideration of Rs. 4,500/ -. The other sale -deed was by Devendrasingh, real brother of Bhoopsingh dated 12 -1 -1978 and for a consideration of Rs. 9,000/ -. Both the sale deeds recited receipt of considerations prior to the execution and registration of the sale -deeds. In other words, the consideration was not paid at the time of registration and in the presence of Registrar of Deeds.

(3.) THE Vigilance Inspector H. P. Gupta asked Maniram to meet him on 2 -7 -81 at P.W.D. Rest House, Sabalgarh. A Trap party consisting of H.P. Gupta. Shri Pastor, Dy. Collector, two Constables etc. reached Sabalgarh, where Maniram met them as prefixed. Five currency notes of one hundred rupee each were provided by Maniram, the numbers whereof were noted down and they were treated with phenolphthalein powder. Maniram accompanied by Adiram, a Panch witness, went to the accused and handed over the currency notes. The accused accepted the five currency notes and kept them in his pocket. On signal, the trap party rushed and surrounded the accused, caught -hold of his hands. The hands of the accused and there - after his shirt pocket in which notes were kept were dipped into the sodium carbonate solution which turned pink conforming to the presence of phenolphthalein powder. Search of the house of the accused was taken where from mutation application and the sale deeds were recovered and seized.