STATE OF PUNJAB Vs. GURJIT SINGH

JUDGEMENT

(1.) Gurjit Singh, a Patwari of circle Khiala Kalan, was tried for offences under Sec. 161 Indian Penal Code and 5(1) (d) punishable under Sec. 5(2) of the Prevention of Corruption Act by Shri O.P. Dharwal, the learned Special Judge, Bhatinda. He was found not guilty and was acquitted as per judgment dated 7.7.1984 which led the State of Punjab to prefer the present appeal.

(2.) The prosecution case, in brief, was that Des Raj complainant, a resident of village Khiala Kalan, purchased land for Rs. 15,000.00 vide registered sale-deed Ex. PD. This land was already under mortgage for Rs. 8000.00 with Kishan Chand and Pawan Kumar. The mortgage amount was paid to the mortgagees by Des Raj and entry to that effect was made in the Rojnamacha by the respondent. Des Raj approached the respondent to enter mutation of redemption and sale in his name and handed over the sale deed to him. 4-5 days after handing over the sale-deed Des Raj contacted the respondent who demanded Rs. 100.00 for making entry of the mutation and the amount was settled at Rs. 75.00 which was to be paid on the next date. Des Raj thereafter met his uncle Kaka Ram and cousin Banarsi Dass and told them about the demand of illegal gratification by the respondent who suggested that the matter should be reported to the vigilance department.

(3.) On 25.5.1977 Des Raj and his cousin Banarsi Dass went to the office of vigilance department, Bhatinda at about 7.00 A.M. where statement of Des Raj Ex. PF was recorded. A sum of Rs. 75.00 was handed over by Des Raj to the vigilance inspector. The currency notes were initialled by Harpal Singh Inspector and phenolphthalein powder was applied to the currency notes. Numbers of the currency notes were noted in the memo Ex. PG. Demonstration regarding the working of phenolphthalein powder was given and memo Ex. PH was prepared. A case was got registered against the respondent. Vijay Kumar P. W.5, a clerk in the office of X-en, P.W.D. Bhatinda, was joined in the raiding party. The raiding party reached village Khiala Kalan for conducting raid at the Patwarkhana of the respondent. Banarsi Dass PW left the raiding party after reaching the village for attending to some personal work but Bharpur Singh Sarpanch was associated at Bus Stand, Khiala Kalan. Des Raj and Vijay Kumar went to the office of Gurjit Singh while other members of the raiding party stood outside the Patwarkhana.