KULMIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Kulmit Singh, the appellant faced trial before Special Judge, Jalandhar for an offence punishable under sections 7, 13(2) read with section 13(1) of the Prevention of Corruption Act, 1988 (for short, "the Act") in a case registered by way of FIR No. 11 dated 19.3.1993 at Police Station, Lohian, District Jalandhar. The trial before Special Judge, Jalandhar ended in conviction vide judgment dated 19.1.2000 for an offence punishable under section 13(2) read with section 7 of the Act. The parties were heard on quantum of sentence on the same day and the appellant has been sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs. 1,000/- for the said offence ..

(2.) with further rigorous imprisonment for a period of six months in default of payment of fine. The case against the appellant is as under: The appellant, Kulmit Singh had been working as a Patwari at Phul, Tehsil Nakodar. Sham Sunder Aggarwal, the complainant had 3 kanals of land in village Phul Ghuduwal that had been mortgaged by his father. Complainant wanted to get the same redeemed. For it, he required certified copies of its jamabandi and mutation of mortgage. He approached the accused in this regard, but the accused had put him off on one pretext or the other. On a later occasion, when the complainant approached the accused for copies, he was told by the accused that he would have to pay a sum of Rs. 300/- as bribe for the said work. The said amount on negotiation was reduced to Rs. 150/-, for which the accused agreed to supply the desired copies. As the complainant did not want to give any bribe, he approached Vigilance Bureau, Jalandhar where he went alongwith Harbans Singh Walia and met Rajwant Kumar, Inspector. His statement was recorded by the Inspector. The complainant handed over three currency notes of the denomination of Rs. 50/- each to the Inspector. The particulars of these currency notes were entered in a memo by the Inspector. The Inspector then demonstrated to the complainant as to how the mixture of water and sodium carbonate would turn pink when it was mixed with phenolphthalein powder. The Inspector applied phenolphthalein powder to the currency notes and handed them over to the complainant with the direction that he should approach the accused and hand over the currency notes only on demand and not to shake hands with the accused. Harbans Singh Walia was asked to act ..

(3.) as a shadow witness to watch the transaction between the complainant and the accused and to give signal after the tainted money changed hands. A memo regarding the demonstration and handing over the currency notes to the complainant was prepared. The statement of the complainant was sent by the Inspector with his endorsement to Police Station, Lohian on the basis of which, the FIR was recorded. The complainant and Harbans Singh Walia were told to go to the office of the accused. The raiding party followed them in which Surjit Singh, a clerk of the office of Deputy Commissioner, Jalandhar was joined as official witness.