LAKHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is criminal appeal by convict Lakhmir Singh against judgment and order dated 02.05.2002 passed by learned Special Judge, Patiala whereby the accused -Appellant stands convicted under Section 13(1)(d) read with Section 13(2) and under Section 7 of the Prevention of Corruption Act, 1988 (in short the Act) and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs. 1,000/ -and in default thereof, to undergo further rigorous imprisonment of two months, for each of the two offences, but both the substantive sentences of imprisonment have been ordered to run concurrently.

(2.) PROSECUTION case is that on 27.05.1996, complainant Kulbir Singh approached the accused, who was posted as Patwari Halwa, Maru, for copy of Jamabandi required by the complainant for taking loan for tractor. The accused demanded Rs. 500/ -as illegal gratification for the same. The bargain was, however, struck for Rs. 400/ -. The accused told that he would come to the complainant's village Maru with relevant record on the next day for doing the needful. The complainant told Pritam Singh about the demand of bribe by the accused. On 28.05.1996, Kulbir Singh and Pritam Singh went to Vigilance Bureau at Patiala and Kulbir Singh made statement to DSP Amar Nath regarding the aforesaid fact. Thereupon, FIR was registered. The complainant gave four currency notice of Rs. 100/ -denomination to DSP Amar Nath who applied phenolphthalein powder thereto and returned the same to the complainant with necessary instructions. Demonstration was also given to the complainant and to Pritam Singh (who was made shadow witness), depicting that piece of paper with phenolphthalein powder turned the colour of solution of sodium carbonate to pink. Gurmukh Singh, PW -8, Secretary of a Cooperative Society was also joined in the raiding party.

(3.) CHARGE under Section 7 and Section 13(1)(d) read with Section 13(2) of the Act was framed against the accused who pleaded not guilty and claimed trial.