SUKHWINDER KAUR AND ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Avtar Singh (since deceased), working as Halqa Patwari at Sirhali Khurd, was trapped while accepting Rs. 1,000/- as illegal gratification for preparing Naksha Urra in the partition proceedings as directed by Tehsildar, Tarn Taran. Consequently, he was prosecuted and vide judgment dated 31.07.2004, passed by Special Judge, Amritsar, he was convicted under Section 7 and 13(2) of the Prevention of Corruption Act (hereinafter referred as the 'Act') and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1,000/- each on each count and all the sentences were ordered to run concurrently.

(2.) Since the accused died during the pendency of the appeal, therefore, Sukhwinder Kaur, Rajinder Singh and Pardeep Singh, being his wife and sons respectively, were substituted as appellants.

(3.) Brief facts of the case are that about two years prior to the occurrence, the complainant Mukhtiar Singh (herein referred as 'the complainant') had initiated the partition proceedings in the Court of Tehsildar, Tarn Taran, who vide order dated 16.06.1998, directed the accused to prepare and submit Naksha Urra on 03.07.1998. On 02.07.1998, the complainant met the accused (Avtar Singh), who was working as Patwari of the area in connection with the preparation of "Naksha Urra" but he demanded Rs. 1500/- for doing the needful, however, the bargain was settled at Rs. 1,000/-. Being reluctant to pay the bribe, the complainant accompanied by Nishan Singh, a shadow witness, informed DSP Randhir Singh and handed him over Rs. 1,000/-(i.e.10 currency notes in the denomination of Rs. 100/-each) to him, who after applying the phenolphthalein powder and recording the numbers of the currency notes in the memo, prepared by him, directed the complainant to pay the said currency notes to the accused only on demand and not to shake his hands with him. He also nominated Nishan Singh as a shadow witness. Anwar Masih, a Clerk in the Office of D.D.P.O., was also joined in the raiding party. As planned, the complainant and Nishan Singh visited the office of accused and on demand delivered the money to him. On receipt of the signal, DSP Randhir Singh alongwith other members of the raiding party, entered the office of the accused. After disclosing his identity, he overpowered the accused, got washed his hands in the solution of sodium carbonate whereupon its colour turned pink. The said solution was poured in the nip which was sealed with the seal bearing impression "GS" and was taken into possession. Tainted currency notes were recovered from the left side pocket of the shirt of the accused. On comparison, the numbers of the currency notes tallied with those already noted in the memo and the same were taken into possession vide separate memo. Pocket of the shirt of the accused was also washed in the solution of Sodium Carbonate whereupon its colour turned pink. The pink solution was poured in another nip which was sealed with the seal bearing impression "GS" and was taken into possession vide a separate memo. The Forensic Science Laboratory gave the positive opinion with regard to hand wash and pocket wash. On completion of investigation, a report under Section 173 Cr.P.C. was submitted against the accused.