TARLOCHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been instituted by Tarlochan Singh against judgement and order dated 6.8.1993 passed by Special Judge, Faridkot, whereby he was found guilty and convicted under Section 13(2) of the Prevention of Corruption Act, 1988 (for short, the Act) and sentenced to two years RI and a fine of Rs. 2000/-. In default of payment of fine, he was further sentenced to undergo RI for six months.

(2.) BRIEFLY stated, the facts are that PW-1 Gurdev Singh and his father Mukhtar Singh, residents of village Lambi owned about 30 Killas of land. The said land was irrigated by canal water through Mann minor. The appellant was the Canal Patwari of Lambi. Their turn of water was joint with Gurnam Singh, Hakam Singh and their sons Sukhpal Singh and Satpal Singh etc. However, PW-2 wanted to get his turn of water separated from them. Therefore, he submitted an application to that effect in the office of District Collector, Canals, Bathinda. After about 8 or 10 days, the appellant met him at Bus Stand, Lambi and he showed that application to PW-7 Gurdev Singh and asked him to come to him if he wanted to get the work done. Accordingly, PW-7 approached him and he demanded Rs. 4000/- for doing his work. However, PW-7 refused to pay Rs. 4000/- and at his request, the appellant agreed to accept Rs. 2000/-.

(3.) PW -7 Gurdev Singh made statement, Ex.PJ to Gurmit Singh, Inspector, which he signed at point PJ/1 after admitting the same to be correct. Gurmit Singh, Inspector, handed over the currency notes of Rs. 2000/- to the complainant vide memo Ex.PK after treating them with phenolphethaline powder. Thereafter, they proceeded in a car to Village Lambi. They stopped at Malout where Teja Singh, an employee, was joined. Then they went to Bus Stand, Lambi, and the car was stopped at some distance from Bus Adda.