SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by accused-appellant Swaran Singh against the judgment and order dated 30.10.1991 passed by the Special Judge, Ferozepur, convicting the accused- appellant under Section 13(2) of the Prevention of Corruption Act, 1988 and sentencing him to undergo RI for one year and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo further RI for three months.

(2.) The case of the prosecution in brief is that Buta Singh PW and his brothers were in cultivating possession of 12 Kanals 13 Marlas of Government land and girdawari in respect of the said land was also in their favour. The village Panchayat had filed proceedings against them in respect of the said land and the case was adjourned from 17.7.1989 to 7.8.1989. The counsel for Buta Singh had asked him on 17.7.1989 to bring copy of the Jamabandi pertaining to the Govt. land, wereupon Buta Singh PW had approached the accused, namely, Swaran Singh Patwari in his office and had asked him to supply a copy of Jamabandi, whereupon the accused had allegedly demanded Rs. 500/- as bribe money and ultimately the accused agreed to supply the copy of Jamabandi on receipt of Rs. 300/- as bribe money. Buta Singh PW had shown his inability to pay the amount at that time and the accused had told him to come with the money on the following day and had promised to supply the copy to Buta Singh. Since Buta Singh did not like the idea of paying the bribe money, he approached Vigilance Inspector Babu Singh along with Joginder Singh PW. At that time he gave three currency notes of Rs. 100/- each to Babu Singh. Inspector Babu Singh recorded the statement of Buta Singh PW. He also noted down the serial numbers of those currency notes and gave a direction that Buta Singh shall pay the said money to the accused on demand as bribe money. After applying phenolphthalein powder, Inspector Babu Singh returned those notes to Buta Singh PW and Buta Singh was directed to pay those notes to Swaran Singh Patwari on his demand while Joginder Singh PW was instructed to go with Buta Singh and after payment of bribe money, he was asked to give a signal to the Police party. Thereafter ruqa was sent to the Police Station and a case was registered against the accused. As per the case of the prosecution, Buta Singh PW paid money to the accused as settled and thereupon on receipt of signal from Joginder Singh, the raid was conducted and the accused was apprehended and the three currency notes of Rs. 100/- each were recovered from the front left side pocket of the shirt of the accused and those notes were found to be the same which had been handed over to the accused as bribe money for the supply of the copy of the Jamabandi. The accused was formally arrested in this case. The solution of the water with which the hands of the accused were washed had turned pink and the said solution was taken into possession after it was duly sealed. After the completion of investigation, challan was submitted in the Court. As referred to above. the accused was charged under Section 13(2) of the Prevention of Corruption Act, 1988 to which charges he pleaded not guilty and claimod to be tried. The prosecution produced its evidence. Thereafter, the statement of the accused under Section 313 Cr.P.C. was recorded in which he denied the prosecution allegations against him and stated that he was innocent and had been falsely implicated in this case. He further stated that Joginder Singh PW was a cousin of Buta Singh PW and that he was inimical towards him. He stated that Buta Singh PW had brought writing Mark A to him for getting the copies of the record, which he got prepared from Nirmal Singh trainee and told him that the amount of Govt. fee for the copies would be about Rs. 300/- and the total fee was in fact Rs. 304.50. He stated that he gave the money to him and he put the same separately in his pocket to be deposited in the Govt. account. He stated that Buta Singh was insisting upon him to enter the land as that of Govt. land but he had refused. He stated that he was a victim of the conspiracy hatched by Joginder Singh in connivance with Buta Singh and the Police. In his defence, he examined DW-1- Manjit Singh Kanungo, DW2 Nirmal Singh, DW3 Thomas Munshi of Shri Ramesh Bawa, Advocate, DW4 Chand Ram Naib Sadar Kanungo, DW5 Surjit Singh Gram Sewak, DW6 Gurmit Singh Patwari and DW7 Sadhu Singh. The learned Special Judge, after hearing both the sides and after perusing the record convicted and sentenced the accused-appellant as stated above vide judgment and order dated 30.10.1991. It is against this judgment and order of the learned Special Judge that the accused filed the present appeal in this Court.

(3.) I have heard the learned Counsel for the parties and have gone through the record carefully.