DHANPAT RAI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Dhanpat Rai appellant was found guilty by the learned Special Judge, Kamal of the charge punishable for offence under section 5(2) of the prevention of Corruption Act, 1947 and section 161 I.P.C. He was awarded one yearTs RI and fine of Rs. 1,000/- or in default of payment thereof, to further suffer four monthsT RI on the first count and nine months RI on the second count, Both the substantive sentences were, however, ordered to run concurrently. Feeling aggrieved against the above referred orders of conviction and sentence he has come up in appeal.

(2.) In grief the facts of the prosecution case are that Kala Singh younger brother of Gurnam Singh P.W. 10 was ordered to be released on parole while undergoing the sentence of five years in Kamal Jail in connection with a case under section 307 I.P.C. Gurnam Singh and Swaran Singh tendered surety bonds for the release of Kala singh on parole vide application Ex. P A moved by them before the District Magistrate, Kamal. This application was marked to Naib Tehsildar, Panipat on 4/4/1985 for verifying immovable properties of the sureties by the District Magistrate, Kamal. The Tehsildar in turn on that very date vide endorsement Ex. PA2 asked for the report of the revenue patwari. Dhanpat Rai accused was the Revenue Patwari of the circle in which village Urlana Khurd of the above-referred Gurnam Singh and Swaran Singh fell. They contacted the revenue Patwari 8.4 .1985 for obtaining his verification on this application. The accused demanded Rs. 200/- as illegal gratification in recording this report. Gurnam Singh PW entrusted this application to the accused and came to his house. He informed Sukhdev Singh P.W. 11 Sarpanch of his village of this episode. Thereafter, on 9.4.1985, Gurnam Singh and Sukhdev Singh witnesses moved application Ex. P0 before Shri Surat Singh DSP (Vigilance), Kamal who directed them to contact Inspector Sultan Singh. Accordingly, these witnesses contact Inspector Sultan Singh P.W. 12. Gurnam Singh narrated the version before the Inspector and produced the currency notes of the denomination Ex. P-1 to P-10 of the amount of Rs. 200/-. These were initialled by the Inspector and treated with phenolphthalein power. He also prepared list of the currency notes Ex. PJ and entrusted it to Gurnam Singh with the instructions to hand over the same to the accused on demand. Sukhdev Singh Sarpanch was deputed as a shadow witness with the instructions to accompany Gurnam Singh and over hear the talk between these witnesses and the accused and after delivery of the money to give a signal to the raiding party by placing his hands on his head. The raiding party then left in police jeep to village Daryapur. On the way, Shri Jai Parkash, Block Development and Panchayat Office was joined from Matlaude. On reaching there, they learnt that the accused was not there and had gone to village Urlana Khurd. The party then went there and came to know that the accused had gone to Panipat. The party then arrived at Panipat. The jeep was stopped at a short distance from the Tehsil Office. Three plain cloths members of the aiding party went to the tea stall of Jeet Parkash while the Inspector and the Block Development and Panchayat Officer stood on the turning of the road leading to the tea stall. Gurnam Singh and Sukhdev Singh witnesses were deputed to contact the accused on Tehsil premises. They went there and came to know that the accused had left the Tehsil premises and was some-where outside. They found the accused sitting on the tea stall of Jeet Parkash. Gurnam Singh PW entered the verandah of the shop where the accused was sitting and enquired whether he has made a report on the application. The accused demanded the money. Gurnam singh then delivered the currency notes to the accused who placed these in the front pocket of his shirt. The accused, however, did not deliver the application, to Gurnam Singh saying that he wanted to verify the report from the record. Sukhdev Singh shadow witness over heard this talk and gave the appointed signal to the police party. The Inspector and the Block Development and Panchayat Officer then rushed to the place. The members of the police party in plain clothes had already over-powered the accused. The currency notes Ex. P-1 to Ex. P-10 were recovered from the front pocket of the shirt of the accused. The hands of the accused were washed in a solution of sodium carbonate which turned pinkish. It was preserved in a sealed bottle. The currency notes were also washed in sodium carbonate solution which turned pinkish. The inside pocket of the shirt Ex. P-11 of the accused was also removed and washed in the solution of sodium carbonate which turned pinkish. All these articles were taken in possession. Rough site plan Ex. P1 of the spot was prepared. The accused was arrested. The statements of the witnesses were recorded. The sealed bottles of coloured solution were sent to the Forensic Science Laboratory, Haryana and the Assistant Director vide his report Ex. PV confirmed that sodium carbonate and phenolphthalein were detected in the solution of hand wash, pocket wash and currency notes wash. After obtaining the sanction Ex. PB of the District Magistrate to prosecute the accused and completion of investigation, the accused was arraigned for trial on such like allegations.

(3.) Before the trial Court in order to prove its above-referred case, the prosecution examined twelve witnesses besides tendering the report Ex. PU of the Forensic Science Laboratory, Madhuban.