SEWAK RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sewak Ram accused-appellant (herein referred as 'the accused') was prosecuted for the offence under Sections 7, 13(2) of the Prevention of Corruption Act, 1988 (herein referred as 'the Act') allegedly for accepting illegal gratification to the tune of Rs. 1000/- for supply of copy of the jamabandi, from the complainant Mohinder Singh (herein referred as 'the complainant'). Ultimately, he was convicted vide judgment dated 30.8.2001 passed by the learned Special Judge, Ferozepur, and sentenced to undergo rigorous imprisonment for for 1- years and to pay fine of Rs. 1000/-.

(2.) The complainant is the resident of village Jaffarwal. His brother Gurdev Singh and son Jassa Singh were murdered which led to the dispute between the complainant Mohinder Singh (herein referred as 'the complainant') and his mother regarding inheritance of Gurdev Singh. However, 2-3 years prior to the registration of the case, his mother had also died leaving behind a Will, therefore, in order to pursue the litigation regarding inheritance of Gurdev Singh, the complainant was in need of copy of jamabandi for which he approached the accused being village Patwari, who demanded a sum of Rs. 1500/- for doing the needful. However, the bargain was settled at Rs. 1000/-. On 22.11.1996, the complainant came across Gurdial Singh and disclosed about the demand made by the accused and he expressed his intention to get the accused trapped. Consequently, both of them went to the Police Station Vigilance Bureau, Ferozepur and met Ramandeep Singh, DSP (Vigilance) near Bus Stand, Zira, where, the complainant got recorded his statement Ex.P2, on the basis of which formal FIR Ex.P16 was recorded at Police Station Vigilance Bureau, Ferozepur. The complainant handed over currency notes of Rs. 1000/- consisting of one note of Rs. 500/- and five notes of the denomination of Rs. 100/- each, on which phenolphthalein powder was applied and after recording numbers of the currency notes in the memo Ex.P3, the same were handed over to the complainant with a direction to give the same to the accused on demand. Gurdial Singh was deputed as a shadow witness who was to signal the police party. Thereafter, Ramandeep Singh DSP (Vigilance) after organizing the raiding party set for the office of the accused at Kot Ise Khan in a gypsy. On the way, he joined Joginder Singh Gram Sewak as an official witness. As planned, the police officials remained outside the office, whereas, the complainant and Gurdial Singh shadow witness approached the accused and handed over the currency notes of Rs. 1000/- to the accused on demand. On receipt of the signal Ramandeep Singh DSP along with other police officials raided the accused, called for the glass of water, wherein he mixed sodium carbonate. Joginder Singh was asked to dip and wash his hands but the colour of the water did not change, however, when the accused was made to dip and wash the hands in the said solution, then colour of the water became pink. The said solution was put into and sealed in a nip with the seal bearing impression "RS" as well as signatory slip of the official witness Joginder Singh. He took the same into possession vide recovery memo Ex.P4. Thereafter on search of the accused, currency notes to the tune of Rs. 1000/- were recovered from the pocket of the shirt of the accused. Another sum of Rs. 432/- were recovered from him which were also taken into possession through memo Ex.P16. The relevant jamabandi register was taken into possession vide memo Ex.P7. The shirt worn by the accused was also got removed and after getting some mixture of the water containing sodium carbonate, he got the hands of Joginder Singh, an independent witness, dipped but the colour of the water solution did not change. However, on dipping of the pocket of the shirt, the colour of the solution turned pink. The said solution after putting the same into nip was also taken into possession. The shirt was also packed in a sealed parcel and taken into possession vide memo Ex.P5. After completing the formalities, recording statements of the witnesses and on receipt of the report Ex.P19 of the Forensic Science Laboratory, Punjab, challan against the accused was presented in the court.

(3.) The accused was charged under Section 7, 13(2) of the Act, to which he pleaded not guilty and claimed trial.