LAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of Special Judge, Faridkot, Convicting Lal Singh, Patwari of Halqa Mehna at the relevant time, under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and under Section 161, Indian Penal code, and sentencing him to terms of imprisonment and fine as indicated therein.

(2.) PROSECUTION case is that Inder Singh of Mehna owned four killas of land, which was being looked after by Sadhu Singh (PW -9), son -in -law of Inder Singh. Bachan Singh and Gurdial Singh were in illegal possession thereof. To recover the same, Inder Singh wanted to launch proceedings in the civil Court through Sadhu Singh. For the purpose, copy of jamabandi was required. When Sadhu Singh asked the accused for the same, the latter demanded Rs. 100/ - as illegal gratification. Sadhu Singh declined to pay the same. On the following day (2nd January, 1979), Sadhu Singh went to Moga. On the way, he met Maghar Singh and informed him of the demand made by the accused. On reaching Moga, they boarded a bus for Faridkot where they contacted Inspector Bhagwan Chand of the Vigilance Department (PW -12). The Inspector recorded statement Exhibit P.A. of Sadhu Singh. The two currency notes of the denomination of Rs. 50/ - each given by Sadhu Singh were initialled by the Inspector and their numbers were noted in Memo Exhibit P.M. Phenolphthalein powder was applied to the currency notes and thereafter they were returned to Sadhu Singh for giving the same to the accused on demand. The Inspector organised a raiding party consisting of himself, some constables, Sadhu Singh and Maghar Singh. From Faridkot, the party reached Moga where Banarsi Dass, Assistant Superintendent, Sub Jail, Moga was joined. Sadhu Singh was then told to go and search for the accused, who was found getting his shoes polished at the Bus stand, Moga. When Sadhu Singh again asked him to supply him the copy of the jamabandi, the accused enquired if he had brought his fees. Sadhu Singh replied in the affirmative. The accused then put on his shoes. Sadhu Singh gave the above -said currency notes which he accused put in the inner -pocket of his shirt. Maghar Singh, the shadow witness, gave the pre -arranged signal. Thereupon, Inspector Bhagwan Chand and Banarrsi Dass PWs came to the spot and caught the accused while he was boarding the bus for Mehna. From the inner pocket of the shirt of the accused currency notes exhibits M.O. 3 and M.O. 4 were recovered. Their numbers -tallied with the numbers mentioned in Exhibit P.M. They were duly taken into possession vide memo Exhibit P.N. Thereafter, the accused was taken to Police Station, City Moga, wherein solution of sodium carbonate was prepared in a tumble. When the accused dipped his hands in the solution, its colour turned pink. A similar test was applied to the pocket of shirt of the accused and memos were prepared in this regard. After completion of the investigation and obtaining sanction Exhibit P.E. of the competent authority to prosecute the accused, chalan was put in.

(3.) AT the trial, Lal Singh gave the following version of the incident : - "My children are studying at Moga. I was, therefore, residing at Moga and used to go to my circle Mehna daily by bus in the morning and come back in the evening. On that day also I was standing at bus stop Moga for going to Mehna as usual. At about 11 a.m. Sadhu Singh PW came there and wanted to plant some money on me, to which I resisted. During the struggle my shirt Ex. M.P. 5 and one pocket of my coat got torn. In the meantime, Inspector Bhagwan Chand came there and took us to the Police Station, where the recovery was planted on me. Sadhu Singh was annoyed with me because I had not delivered possession of the Land to Inder Singh in execution of the warrant of possession issued by the Civil Court as the land was jointly owned by Inder Singh and his brother Gahya Singh and also because he wanted me to change the entries in the Khasra Girdawari to show Bachan Singh and Gurdial Singh as Lessees of Inder Singh instead of being his vendees, to which I declined." No witness was examined in defence.