JAI PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) JAI Parkash, who was employed as a Patwari at Kot Basawa Singh Circle, has filed the present appeal against the judgment dated Jan, 16, 1978, of the Special Judge, Ambala, whereby he was convicted for two offences under Section 5 (2) of the Prevention of Corruption Act and under Section 161 I. P. C. For each of these offences he was sentenced to undergo rigorous imprisonment for one year and to the payment of a fine of Rs. 500. The substantive sentences of imprisonment were, however, ordered to run concurrently.

(2.) THE appellant was tried on this charge that on Aug. 25, 1976, at Chhachhrauli he had obtained a sum of Rs. 60 by way of illegal gratification from Zile Singh in connection with the supply of a copy of the jamabandi. According to the prosecution, this copy was required by Zile Singh P. W. 2, a resident of Seepianwala, for enabling him to file a civil suit for injunction against a person with whom he was cultivating some land jointly.

(3.) THE whole of the prosecution version finds a mention in the first information report which was got recorded by Shri Jang Bahadur Mehta P. W. 10, Deputy Superintendent of Police, Jagadhri, who organised a raiding party when he received the relevant information from Zile Singh. A ruqa was sent from the spot at 3 p. m. on Aug. 25, 1976 and on its basis the first information report was recorded at police Station, Chhachhrauli, at 4 p. m. the same day.