SAIN DASS Vs. STATE

JUDGEMENT

(1.) This is appeal by Sain Dass. He has been convicted under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 and sentenced to rigorous imprisonment for one year and to pay fine or further suffer rigorous imprisonment for two months. He has also been convicted under Section 161, Indian Penal Code and sentenced to rigorous imprisonment for one year. The substantive sentences of imprisonment have been directed to run concurrently.

(2.) The appellant worked as Patwari in village Jhabkra in March 1969. Mukhtar Singh resident of that village applied to the appellant in the morning on March 29, 1969 for supply of certified copy of jamabandi pertaining to the land sold by him to Gian Singh as he wanted his son to file a declaratory suit impugning that sale. The appellant demanded bribe of Rs. 10/- for supply of certified copy. The prescribed charges for copy are only 40 paise. Mukhtar Singh agreed to meet the appellant for the purpose at 6 p.m. on that day. Mukhtar Singh and Jagta Chowkidar contacted the Vigilance Staff. Statement of Mukhtar Singh, Exhibit P/A, was drawn up by Gurbax Singh, Inspector. Ten rupee currency note was initiated by the Inspector. He recorded the particulars of the currency note and other relevant facts in the memorandum prepared by him and marked as Exhibit P.B. As planned, Mukhtar Singh passed currency note of Rs. 10/- to the appellant while accompanied by Jagta chowkidar against the certified copy applied for by him and gave signal to Gurbax Singh, Inspector. He along with other members of the party including Kaka Ram Lambardar organised to entrap the appellant reached the Patwarkhana, where the appellant and Mukhtar Singh were present. Gurbax Singh, Inspector, recovered currency note of Rs. 10/- from the left side pocket of the bush-shirt of the appellant. Certified copy of jamabandi, Exhibit P.C. was also recovered from the pocket of Mukhtar Singh. Gurbax Singh took into possession currency note of Rs. 10/- Exhibit P-1 Roznamcha Exhibit P-2 receipt book Exhibit P-3 register of fees Exhibit P-4 and jamabandi Exhibit P-5.

(3.) The appellant was proceeded against for offence under Section 5(2) read with Section 5(1)9d) of the Prevention of Corruption Act and under Section 16 of the Indian Penal Code. The case of the prosecution was supported by the testimony of Mukhtar Singh, PW-1, Jagat Ram PW-2, Kaka Ram PW-3 and Gurbax Singh PW-8.