BALKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this judgment, above mentioned two appeals would be disposed of as the appellants have challenged their conviction and sentence as ordered by the Trial Court vide judgment/order dated 18.9.2004/21.9.2004 under Section 7 and 13(2) of Prevention of Corruption Act, 1988 ('Act' for short) in FIR No. 60 dated 23.11.1999, registered at Police Station Vigilance Bureau, Jalandhar.

(2.) Prosecution story, in brief, is that complainant Surinder Singh had purchased 30 marlas of land in village Begowal.

(3.) Agreement qua sale of 35 marlas of land was executed between the complainant and Jasbir Singh. In June 1997, complainant moved an application for demarcation of the land before Sub Divisional Magistrate. The said application was marked to the Tehsildar. Appellant Kulwinder Singh was working as Kanungo at the relevant time whereas appellant Balkar Singh was working as a Patwari. Complainant requested appellant Kulwinder Singh to demarcate the land but he demanded Rs. 25,000/- for doing the needful. Complainant was informed that out of the said amount, Rs. 15,000/- would be paid to the Tehsildar whereas the remaining amount of Rs. 10,000/- would be equally shared by both the appellants. Deal was settled at Rs. 20,000/-. The demand was made by the appellants on 22.11.1999. Complainant then approached the Vigilance office along with Madhu Soodan. On the basis of the statement of the complainant, formal FIR was registered by Gurmeet Singh, Deputy Superintendent of Police ('DSP' for short). Complainant handed over 40 currency notes in the denomination of Rs. 500/- each to the DSP, who returned the same to the complainant after application of phenolphthalein powder ('P-Powder' for short). Complainant was instructed to hand over the said currency notes to the appellants on demand. Madhu Soodan was instructed to act as a shadow witness and was directed to give a signal to the raiding party after the bribe money was accepted by the appellants on demand. Ram Kishan was joined as an official witness. Demonstration with regard to working of P-Powder was shown to the witnesses. Thereafter, the raiding party left for the raid. Complainant as well as the shadow witness met the appellants at the agreed spot i.e. Kapil Hotel, Begowal. Complainant and the shadow witness were taken by the appellants to a room of the hotel. Complainant handed over 10 currency notes in the denomination of Rs. 500/- each to appellant Balkar Singh and remaining 30 currency notes in the denomination of Rs. 500/- each to appellant Kulwinder Singh. On receipt of signal from the shadow witness, DSP along with the remaining members of the raiding party reached the spot. On seeing the police party, appellant Kulwinder Singh threw the currency notes on the ground whereas appellant Balkar Singh was still holding the currency notes in his hand. When the fingers of the appellants were dipped in separate solutions of sodium carbonate, the colour of the solutions turned pink. The said solutions were put in separate nips and were made into sealed parcels and were taken in possession. The tainted currency notes were taken in possession.