MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MIHAN Singh needed a copy of the jamabandi of his agricultural lands situated in the revenue estate of Barsat in Patiala district of Punjab State. Accused Mohinder Singh was then the Halqa Patwari. Joginder Singh son of Mihan Singh contacted the accused on 5th May, 1981 who demanded Rs. 100/- (rupees one hundred only) by way of illegal gratification for its supply. Matter was reported to the Vigilance Inspector Santokh Singh of Patiala. The Vigilance Inspector got the raid conducted after completing procedural formalities. Harchand Singh of Electricity Department was joined as shadow witness in the raid. The tainted money after being passed by Joginder Singh to the accused was got recovered from the pocket of the bushirt worn by accused at the relevant time. After completion of the legal formalities, accused Mohinder Singh Revenue Patwari of Halqa Barsat aforesaid was prosecuted under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act 1947 and Section 161 of the Indian Penal Code.

(2.) LEARNED Special Judge Patiala convicted him of the commission of both the offences aforesaid and sentenced him to undergo rigorous imprisonment for a period of one year and fined him Rs. 500/- for his conviction under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act. In default of payment of fine the accused was ordered to undergo rigorous Imprisonment for a further period of three months. For his conviction under section 161 of the Indian Penal Code convicted accused was awarded rigorous imprisonment for a period of one year. Both the substantive sentences of imprisonment awarded to the accused individually on the two counts were ordered to run concurrently. Feeling aggrieved therefrom convicted-accused Mohinder Singh has filed Criminal Appeal No. 278-SB of 1985 in this Court.

(3.) IN the course of his statement under Section 313, Criminal Procedure Code, accused Mohinder Singh stated :-