NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant Nirmal Singh is a clerk in the office of the Deputy Secretary, Rehabilitatiun, Jullundur. He was convicted by the Special Judge, Jullundur, for offences under Section 5(1)(d) read with Section 5 2) of the Prevention of Corruption Act and under Section 161 ofthe Indian Penal Code. He was separately sentenced as disclosed in the order of the learned Special Judge.

(2.) Briefly stated, the case of the prosecution was that Tara Singh (P. W. 13) was allotted seven kanals of land under a scheme to rehabilitate the Harijans. On two occasions he deposited Rs. 50/- and Rs. 115/- in that behalf, but he had not been issued the conveyance deed. He had contacted Nirmal Singh appellant, who was to deal with the issuance of conveyance deed a few times but the appellant demanded from him Rs. 50/- as reward for issuing the said conveyance deed. On 18th November, -1981, at about 9 a.m. Tara Singh complainant (P.W. 13) came across Nirmal Singh appellant at Bus Stand, Nakodar During their talk, the appellant Statedly repeated the old demand of Rs. 50/-. Tara Sigh told him that he would be returning shortly after arranging money. Instead, he came to Jullundur and contacted Inspector Darshan Singh (P.W. 15) in his vigilance office. The Inspector recorded statement Exhibit P.R. of Tara Singh. He made his endorsement thereon (Exhibit P.R./1) in which he mentioned that Joginder Singh (P.W. 14), the shadow witness, had in the meantime come of his own. Three currency notes summing up to Rs. 50/ were obtained from Tara Singh (P.W. 13). They were treated with phenolphathalein powder and taken stock of in the usual manner as is done 3n such like cases. Tara Singh was instructed to pass on the bribe and Joginder Singh was instructed, to be the shadow witness for giving signal to the raiding party when the deed had been accomplished. Thereafter, the party went to Nakodar and then to the office of the appellant. Both Tara Singh and Joginder Singh P. Ws. acted, accordingly and on receipt of the signal from Joginder Singh, Inspector Darshan Singh along with one Tarsem Singh, whom he had associated at Nakodar, appeared on the scene and disclosed his identity. The search of the appellant was conducted in the customary manner. The tainted currency notes were recovered from the back pocket of the pant. The numbers of the currency notes tallied with the numbers in the Entrustment Memo. The colour wash of the hands of the accused and also of the pocket of the Pant were separately taken and ultimately were examined chemically in favour of the prosecution.

(3.) It is on these broad allegations the appellant was sent up to face trial. The prosecution case mainly rests on the evidence of the three witnesses afore referred to.