STATE OF PUNJAB Vs. GURDEV SINGH

JUDGEMENT

(1.) The instant application has been filed under Section 378(3) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 24.12.2011 passed by the learned Special Judge, Tarn Taran, whereby respondent has been acquitted of the charge framed against him under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988.

(2.) Brief facts of the case are that complainant Jaimal Singh accompanied by Shangara Singh suffered a statement before DSP Ashok Kumar that he wanted to sell land. For that purpose on 13.12.2007 he approached halqa patwari Gurdev Singh to procure the jamabandi of the land in question. Respondent-patwari replied that earlier also the complainant had taken jamabandis of some numbers without paying any illegal gratification and demanded Rs. 30,000/- as illegal gratification for preparing the demanded jamabandi as well as for the earlier jamabandis.

(3.) Ultimately, deal was settled for Rs. 20,000/-. Shangara Singh asked the complainant not to pay the bribe and they approached DSP Vigilance Bureau, Tarn Taran, at bus stand Khem Karan and told about the entire matter. DSP called official witnesses Sarabjit Singh and Arvinder Singh, Pharmacist, from Civil Hospital, Sarhali. They were introduced to complainant Jaimal Singh and Shangara Singh. Complainant Jaimal Singh produced 17 currency notes of the denomination of Rs. 1,000/- each and six currency notes of the denomination of Rs. 500/- each, total sum of Rs. 20,000/-. DSP noted down numbers of those currency notes and phenolphthalein powder was applied to the notes. DSP gave necessary instructions to the complainant as well as the shadow witness Shangara Singh regarding handing over the bribe money to the accusedrespondent.