LAWS(P&H)-2003-9-50

SAT PAL Vs. STATE OF PUNJAB

Decided On September 08, 2003
SAT PAL Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS appeal was instituted by Sat Pal against the judgment and order dated 15.12.1990 passed by Special Judge Hoshiarpur, vide which he found him guilty and convicted him under Section 13(2) read with Section 7 of the Prevention of Corruption Act and sentenced him to undergo rigorous imprisonment for 2 years and fine of Rs. 1000/ -; in default of payment of fine, he was further sentenced to undergo R.I. for three months.

(2.) Briefly stated, the facts are that the appellant (now deceased) was post as Revenue Patwari in Halqa Jandor, Tehsil Dasua. PW2 Rajinder Singh approached him on 12.7.1989 to have copy of the Jamabandi as he wanted to file a suit regarding the land sold by his mother to the Co -operative Society. However, Sat Pal appellant demanded Rs. 200/ - as bribe for supplying the said copy of the Jamabandi and he asked Rajinder Singh PW to come to him on 14.7.1989 to get the copy.

(3.) SINCE , PW2 Rajinder Singh did not want to pay the bribe, so on 14.7.1989 he accompanied by PW3 Jarnail Singh approached the Vigilance Inspector at Hoshiarpur and made statement Ex.PE which was reduced into writing by the Vigilance Inspector and he signed the same after admitting it to be correct. PW2 Rajinder Singh also gave Rs. 200/ - in the form of currency notes in the denomination of Rs. 100/ - each to the Vigilance Inspector Darshan Singh who applied phenolphthalein powder on them, after entering their serial number in the memo Ex.PF and thereafter returned the same to PW Rajinder Singh complainant. The Vigilance Inspector also gave demonstration of the working of said powder vide memo Ex.PG. Shambu Nath was also joined in the party. P.W. Rajinder Singh was directed to hand over Rs. 200/ - to Sat Pal (now deceased) after he demanded the same and PW3 Jarnail Singh was told to signal the police party after the deal was struck. Consequently, PW2 Rajinder Singh along with Jarnail Singh PW went to Sat Pal appellant in his office. PW Rajinder Singh demanded copy of the Jamabandi from him who demanded Rs. 200/ - as bribe money. Upon it, PW Rajinder handed over the currency notes of Rs. 200/ - to Sat Pal appellant who supplied copies of Jamabandi Ex.PB and PC to him and accepted the currency notes of Rs. 200/ - and put the same in the right packet of his pant. Upon receipt of the arranged signal from PW Jarnail Singh, Vigilance Inspector Darshan Singh along with other police officials reached the office of Sat Pal appellant and secured him from his arms and took his search. The currency notes of Rs. 200/ - Ex.P1 and P2 were recovered. The numbers of these currency notes tallied with the numbers written in the memo Ex.PF and the same were taken into possession vide memo Ex.PH attested by the witnesses.