AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sham Lal and his father Sam Ram both residents of village Kburchanpur owned 8 killas of land in village Naurangwala in Patiala distric, Patwari Halqa of village Naurangwala is in village Sarkapra. Accused Amarjit Singh was posted as patwari in that Halqa on 8th February, 1984. Sham Lal was to get from the Punjab National Bank for boaring a tubewell in his land. The Bank needed proof of his ownership of the land and also wanted the complainant to mortgage his land with them in lieu of the loan amount. Sham Lal approached the accused for obtaining a copy of the jamabandi of his land aforesaid. The accused demanded Rs. 150/- by way of illegal gratification for supplying it - The bargain was allegedly settled for Rs. 125.00 only and the accused asked Sham Lal to visit him again on 10th February, 1984 and obtain copy on making payment of the agreed amount of illegal gratification.

(2.) Raid was organised and conducted around 11.00 A.M. on 10th February, 1984. Inspector Vigilance Satya Sarup P.W. 4 recovered the tainted money from the accused in the presence of complainant Sham 41 and shadow witness Krishan Lal P.W.2. The hand-wash of the accused obtained after recovery also turned pink. Vide its impugned judgment dated 20th September, 1985, learned trial court convicted accused appellant Amarjit Singh of the commission of the offences under Sections 5(2) read with Section 5( 1)( d) of the Prevention of Corruption Act, 1947 and Section 161 of the Indian Penal Code. Convicted accused was sentenced to undergo rigorous imprisonment for a period of one year and to pay Rs. 1,000/- as fine for his conviction under Section 5(2) read with Section S(l)(d) 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 six months. For his conviction under Section 161 of the Indian Penal Code the accused was awardedT rigorous imprisonment for a Tperiod Tof one year. Both the substantive sentences of imprisonment awarded to the accused appellant were, however, ordered to run concurrently. Feeling aggrieved there from convicted accused Amarjit Singh has filed Criminal Appeal No. 464-SB .of 1985 in this Court

(3.) I have heard Shri J.N. Kaushal, Sr. Advocate, with Shri, Ashok Jindal, Advocate, for the appellant, Shri B.S. Gill, A.A:G. Punjab for the State and have carefully gone through the material on record.