KANS RAJ Vs. THE STATE

JUDGEMENT

(1.) THIS is appeal by Kans Raj. It is directed against the judgment of Shri Raghbir Singh, Special Judge, Gurdaspur, dated July 10, 1968. By that judgment the Appellant has been convicted under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act 1947 and sentenced to rigorous imprisonment for six months.

(2.) BRIEFLY stated, the facts of the prosecution case are as under: - Gurnam Singh son of Natha Singh is resident of village Katanaur. His father was a Lambardar. Natha Singh died in l964. There were outstanding in his name arrears of land revenue ? to the extent of about Rs. 4,000/ -. The Appellant was working as Wasil -Baqi -Nawis in 1967 in the office of the Tehsildar, Gurdaspur. He was incharge of the work of issuance of warrants under Sections 69, 70 and 72 of the Punjab Land Revenue Act to effect recovery of arrears of land revenue. On coming to know that the recovery of arrears due from him was sought to be effected, Gurnam Singh contacted the Appellant in his office on October 28, 1967 and requested him not to effect recovery of the arrears of land revenue by reporting to coercive processes of attachment of his property. The Appellant told him in reply that he was prepared to do so provided he paid him bribe of Rs 100/ -. The amount payable as bribe was negotiated and the figure was by mutual agreement reduced down to Rs 30. It was stated by Gurnam Singh that he would meet the appellant on October 30, 1967 and would bring the amount payable to him. Gurnam Singh came to the precincts of the Tehsil office on October 30. 1967. He met Sardar Singh, at the tea stall near that office. Gurnam Singh told him that he had agreed to pay bribe of Rs. 30/ - to the Appellant for the favour of postponing of the issue of warrants of attachment shown by the Appellant Sardar Singh suggested to him that he should contact Jaswant Singh, Deputy Superintendent of Police and apprise him of the facts pertaining to the demand of bribe by the Appellant. Consequently, he. met Jaswant Singh, Deputy Superintendent of Police in his office. The latter recorded the statement of Gurnam Singh it is marked Exhibit 'A'. Three currency notes, each of Rs 10/ -were received from Gurnam Singh. They were initialled by Jaswant Singh. Memo pertaining to their recovery is Exhibit P. A. In that memo, there are mentioned the numbers and other particulars of these currency notes,

(3.) THE details of the trap to be laid were chalked out. The facts pertaining to the demand of the bribe by the Appellant from Gurnam Singh were also brought to the notice of Narinder Singh, Tehsildar. He too was made to join the trap party. It was settled that Gurnam Singh would enter the room of the office of the Appellant and hand over the three currency notes Exhibits P. 1 to P. 3 to the Appellant, that a constable in plain clothes would watch the delivery of those currency notes to the Appellant and that after receiving the indication to be given by Gurnam Singh about the currency notes having passed to the Appellant, that constable would in turn give signal to the Deputy Superintendent of Police and the Tehsildar and that thereafter the Deputy Superintendent of Police and the Tehsildar would be in the office of the Appellant and effect recovery of the currency notes from him.