JAI PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Jai Parkash accused-appellant (herein referred as 'the accused') was prosecuted for allegedly receiving a sum of Rs. 700/- on account of illegal gratification from Rajender Kumar complainant (herein referred as 'the complainant') for supplying the latter copy of the Jamabandi and Khasra Girdawari. Consequently, he was tried, convicted and sentenced vide judgment dated 22.9.1999 passed by the learned Additional Sessions Judge, Rohtak, to undergo rigorous imprisonment for three years and to pay fine of Rs. 5000/- under Section 7 of the Prevention of Corruption Act (herein referred as 'the Act').

(2.) Briefly stated, the facts essential for disposal of the present appeal, as culled out from the report under Section 173 Cr.P.C, are that a civil suit for partition was pending for 18.7.1995 between the complainant and his cousin and he needed some copies of the revenue record for producing the same along with the written statement to be filed by him in the said civil suit. In order to procure the copies, the complainant went a number of times to the accused for the said purpose. On 12.7.1995, the accused demanded a sum of Rs. 700/- on account of bribe money for issuance of copies. Since the complainant did not want to give the bribe, therefore, he went to the office of the vigilance department on 13.7.1995 and handed over a sum of Rs. 700/- comprising of 7 currency notes of the denomination of Rs. 100/- each. DSP Yashwant Singh (PW6) after treating the same with phenolphthalein powder recorded their numbers in the memo Ex.PN, recorded statement of the complainant Ex.PF over which he made his endorsement Ex.PF/1 and sent the same to the police station, on the basis of which FIR Ex.PF/2 was recorded by ASI Surinder Kumar. He moved application Ex.PO to the Deputy Commissioner, Rohtak for providing him some gazetted officer to join in the raiding party. At this, Mr. K.K. Gupta, District Revenue Officer was directed to join as an independent witness. The aforesaid currency notes were shown to him and thereafter handed over to the complainant for delivering the same to the accused on demand. Inspector Som Dev was deputed as shadow witness to inform the raiding party as soon as the money is handed over to the accused. Som Dev was also Inspector in S.V.B. Gurgaon. Thereafter, they proceeded to the office of the accused. The complainant went to the accused, whereas, Som Dev Inspector (PW7) stayed at the gate of the office and the police party stood nearby to raid.

(3.) As planned, on receipt of the signal, DSP Yashwant Singh along with other witnesses went to the office. He directed K.K. Gupta to search the accused. Accordingly, on search being made by K.K. Gupta, District Revenue Officer, seven currency notes were recovered from the right hand side pocket of the shirt. On being tallied, the number of the currency notes tallied with the numbers as mentioned in the memo Ex.PN. The currency notes were sealed in an envelope with the seal bearing impression "RS" and the same were taken into possession vide memo Ex.PJ. Hands of the accused were got washed in sodium carbonate solution which became pink and the solution was sealed in two nips with the same seal and taken into possession vide memo Ex.PK. Similarly, pocket of shirt of the accused was got washed in the sodium carbonate solution which also became pink. The said solution was sealed in two nips with the same seal and taken into possession vide memo Ex.PL. The Kurta was also turned into a parcel and sealed with the same seal and taken into possession vide memo Ex.PL. The complainant's hands were also got washed in the sodium carbonate solution which also became pink. The solution was also sealed in two nips with the same seal and the same was taken into possession vide memo Ex.PM. The Investigating Officer also completed other formalities, recorded statements of the witnesses, inspected the spot, prepared the rough site plan with correct marginal of notes and after receiving sanction challan was presented against the accused.