ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant, namely, Ashok Kumar, has come in appeal against the judgment and order dated 03.08.2000 (hereinafter referred to as 'impugned judgment') passed by the learned Special Judge, Kaithal (hereinafter referred to as 'trial Court'), whereby he has been convicted for the commission of offence punishable under Section 7 and Section 13(1)(d)(ii) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short as the 'Act') and sentenced him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 5,000/- and in default of payment of fine, to further undergo imprisonment for a period of six months under Section 13 of the Act. He has been further sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 3,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months for the offence under Section 7 of the Act. However, both the substantive sentences were order to run concurrently.

(2.) Brief facts of the case in hand are that on 13.6.1995, complainant-Bharat Singh, along with Rameshwar Dass, PW2, met DSP Sagar Singh, State Vigilance Bureau, Karnal, and told him that accused-Ashok Kumar, Patwari, had demanded Rs. 4,000/- from him as illegal gratification for correction of khasra girdawari. He had already paid him Rs. 5,000/- about 6-7 months ago for the same purpose, but he did not wish to pay the amount again to him. Hence, he moved an application, Ex.PM, before the then Deputy Commissioner, Kaithal, at his residence whereupon permission was granted to conduct the raid and the Tehsildar, Kaithal, was directed to join the raiding party.

(3.) On 14.6.1995, Bharat Singh, complainant, along with Rameshwar Dass, contacted DSP Sagar Singh at Police Station, State Vigilance Bureau, Karnal and suffered a statement to the effect that he was a resident of Village Goria and was an agriculturist and owns 15 acres of land. Out of the said land, girdawari of land measuring 6 Kanals 3 Marlas was continuing in his name since the year 1959 but since 1986, the girdawari was changed in the name of Dhian Singh etc. It was alleged by the complainant that about 6-7 months back, accused-Ashok Kumar, Patwari, had already received Rs. 5000/- as illegal gratification from him in the presence of one Rameshwar Dass Sharma on account of carrying out correction in the girdawari but the accused was demanding another sum of Rs. 4,000/-. On 12.6.1995, when the complainant contacted the accused, the latter reiterated his demand of Rs. 4,000/- and called him in the morning of 14.6.1995 in Arjan Nagar, Kaithal on Sirta Road for handing over the money. The complainant produced currency notes worth Rs. 4,000/- before the DSP, out of which, four currency notes were of the denomination of Rs. 5,00/- each and twenty currency notes were of the denomination of Rs. 100/- each. A list of currency notes, Ex.PL, was prepared by the DSP and FIR, Ex.PN, was recorded which was thumb-marked by the complainant. Phenolphthalein powder was applied on the said currency notes and handed back to the complainant. Thereafter, Sh. Mohinder Kumar, Tehsildar, Kaithal, was contacted who checked the currency notes and appended his signatures on the list, Ex.PL. Before proceeding to conduct the raid, the raiding party met the Deputy Commissioner at his residence.