RAM JASPAL KANUNGO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURCHARAN Singh PW 8 and his brother Bakshish Singh jointly owned 4-1/2 killas of land in village Hissowal which was being cultivated by Bakshish Singh. After obtaining a decree for partition of the joint lands from the Revenue of competent jurisdiction Gurcharan Singh approached the accused in Kanungo Ram Jaspal and Patwari Santokh Singh for getting the decree implemented. Accused told him (Gurcharan Singh) that execution of the decree would cost him Rs. 200/-. On his asking for concession, both the accused after consulting each other told him that it would in no case be less than an Rs. 100/-. A sum of Rs. 25/- out of it was paid to the Kanunpo there and then and the remaining Rs. 75/- were agreed to be paid to the Patwari and Kanungo on the following day. Kanuago was to get Rs. 50/- more and the Patwari was to be paid Rs. 25/- of his share.

(2.) ON the following day Gurcharan Singh approached the Vigilance Department. Inspector Mela Ram P.W. 11 organised a raid. Rs. 50/- were paid to the Kanungo and Rs. 25/- to the Patwari co-accused Santokh Singh. On getting the of read cod signal from Gurpal Singh P.W. 9 the raiding party reached the office of Kanungo, recovered Rs. 50/- from him and the balance of Rs. 25/- from co-accused Patwari Santokh Singh and on the basis of mere recovery aforesaid prosecuted the two accused under section 5(2) read with section 5(1)(d) of the Prevention of Corruption Act, 1947.

(3.) I have heard Shri P.S. Mann, Senior Advocate, with Shri Harminder Pal Singh, Advocate, for petitioner-appellant Santokh Singh, Shri R.S. Rai, Advocate, for the Kanungo appellant Ram Jaspal and Shri B.S. Gill, A.A.G. Pb. for the state and have carefully gone though the entire material on record.