SARWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been instituted by Sarwan Singh against judgment and order dated 5.1.1995 passed by Special Judge, Kapurthala, whereby he was found guilty and convicted under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (for short, "the Act"), and sentenced to RI for two years and a fine of Rs 500/ -; in default of payment of fine to further undergo RI for one month under Section 7 of the Act; 2 years RI and a fine of Rs. 500/ - and in default of payment of fine to further undergo RI for one month under Section 13(2) of the Act. However, both the sentences were ordered to run concurrently.

(2.) BRIEFLY stated, the facts are that on 21.3.1994, the appellant, Sarwan Singh, was posted as Revenue Patwari in Village Khiranwali. PW -2 Bawa Singh, Lambardar, resident of Village Khera Bet had opened an account in Punjab and Sind Bank, Surakhpur, District Kapurthala, in order to enhance the limit of fertilizer loan and as per instructions of the bank authorities, he was to mortgage 8 kanals of land. For this purpose, he was required by the Manager of the Bank to produce copies of Khasra Girdawaris of land measuring 40 Kanals, including 8 Kanals of land under his ownership showing his cultivation.

(3.) IN fact, PW -2 Bawa Singh did not want to pay the amount, so, he decided to approach the Vigilance Department. For this purpose, he was going to Kapurthala on 22.3.1994 and near Police State Kotwali, PW -4 Sukhwinder Singh met him. He took Sukhwinder Singh alongwith him and went to the office of DSP, Vigilance, Kapurthala, and told the whole occurrence to him. PW -2 Bawa Singh handed over five currency notes of the denomination of Rs. 100/ - each to DSP Amrik Singh, who, in turn recorded the statement of PW -2 Bawa Singh, Ex. PD. PW -5 DSP Amrik Singh noted down the numbers of currency notes in a memo and handed over the same to Bawa Singh after applying phenolphthelein powder. He directed PW -2 Bawa Singh to hand over the said amount to the appellant on demand. PW -4 Sukhwinder Singh was detailed to accompany Bawa Singh to the office of the appellant and to give signal to the police party by raising his hand on the head after the deal was struck. PW -5 DSP Amrik Singh also gave demonstration about the effectiveness of the phenolphthelein powder. He got arranged a glass of water, mixed therein carbonate and the colour of the water did not change. Thereafter, he applied phenolphthelein powder on a piece of paper and dipped the same into the glass and the colour of water became light pink. The said solution was thrown out.