PURAN CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 18.1.1989 passed by the Judge, Special Court, Gurdaspur who has convicted and sentenced the appellant to undergo rigorous imprisonment for two years under section 161 IPC and rigorous imprisonment for two years and to pay fine of Rs. 500/-. In default of payment of fine to undergo rigorous imprisonment for two months under Section 5(2) of the Prevention of Corruption Act (hereinafter called 'the Act').

(2.) IN succinct, the case of the prosecution is that complainant Surjan Singh resident of village Khera Kotli approached the appellant for getting the copies of the khasra girdawari and jamabandi. The appellant demanded Rs. 100/- as consideration for the issuance of the said copy. The complainant did not want to pay the illegal gratification to the appellant. He apprised Kulwant Singh Sarpanch of village Khera Kotli about the illegal demand made by the appellant, who advised him to report the matter to the Vigilance Staff and not to pay the illegal gratification.

(3.) SURJAN Singh-complainant on reaching the office of the appellant passed on the tainted money to the appellant in the stairs of the chobara, after the copies were handed over to the complainant. Kulwant Singh gave a signal to the raiding party. The raiding party came in the office of the appellant and Inspector Vigilance after disclosing his identity searched the person of Shiv Dutt and from the left front pocket of the shirt worn by the appellant notes Ex. P-6 and P-7 were recovered. The hand of the appellant were got washed in a solution of sodium carbonate. When the hands of the appellant were dipped in the water it turned pink. A memo to that effect was also prepared. Shiv Dutt Vigilance Inspector also took into possession copies of khasra girdawari and jamabandi Exs. P-1 and P-2 and the register of khasra girdawari and jamabandi. After completion of the investigation, the challan was presented before the Judge, Special court, Gurdaspur. The appellant was charge-sheeted under section 161 IPC read with Section 5(2) of the Prevention of Corruption Act to which the appellant pleaded not guilty and claimed trial.