MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been directed against the judgment of conviction and the order of sentence, both dated 2.7.1986, passed by Special Judge, Ludhiana, whereby the appellant has been convicted for offences under Section 5 (1) (d) read with Section 5 (2) of the prevention of Corruption Act, 1947 and under Section 161 of the Indian Penal Code and as a result thereof sentenced in the following terms: U/s 5 (1) (d)/5 (2), Prevention :RI for 11/2 years and of Corruption Act tOo pay a fine of Rs.200/- and in default of payment of fine to further undergo RI for six months. U/s. 161, IPC. : R.I. for six months. Both the substantive sentences were ordered to run concurrently.

(2.) The case of the prosecution in brief can be summed up thus The appellant at the relevant time was a Patwari, posted in village Kulhar. Complainant Chamkaur Singh, PW 3, owned lands in villages Sihar and Kulhar which fell within the halqa patwar of the appellant. The complainant needed the copy of the jamabandi of his land with a view to obtain some loan from the bank and in that connection he, on 25.12.1984 contacted the appellant to obtain the copy of the jamabandi. The appellant demanded Rs.100/- as illegal gratification fordoing the needful. The bargain was ultimately struck at Rs.70/-. The appellant asked the complainant to contact him on 27.12.1984 after lunch and to get the copy of the jamabandi on payment of Rs.70/- The complainant, however, did not want to pay any bribe to the appellant. As such, on 27.12.1984 he went to Ludhiana where he contacted Vigilance Inspector Mela Ram in his office and informed him about the demand of illegal gratification made by the appellant. The Vigilance Inspector, thereupon recorded his statement, exhibit PC and sent it to police station Dehlon where the case was registered under formal FIR, Exhibit PC/I. After despatching statement, Exhibit PC, to the police station, the Vigilance Inspector took from the complainant two currency notes, Exhibits P 1 and P 2 of the denomination of Rs.50/- and Rs.20/- respectively, treated them with phenolphthalein powder and handed them over to the complainant under memo. Exhibit PD. This Inspector also gave a demostration to the complainant by mixing sodium carbonate in a tumbler containing water. The hands of complainant were washed in that solution, as a result of which the solution turned pink. The Vigilance Inspector then formed a raiding party consisting of Chamkaur Singh, PW 3, ASI Darshan Singh. PW 5 and other police officials. The raiding party left in a jeep for village Kulhar where, on the way the Inspector also joined Dalip Singh Lamberdar and Bhinder Singh of village Kulhar in the raiding party. The raiding party then went to a dera, known as D ha rams hal a.

(3.) The Vigilance Inspector then chalked out a plan to trap the accused while accepting the bribe. As per the plan, complainant Chamkaur Singh, PW 3, was assigned the role of a decoy and was directed to go to the patwarkhana and pass on the tainted money to the appellant on his demand. ASI Darshan Singh, PW 5, was directed to act as a shadow witness with the direction to give a signal to the members of the raiding party after the tainted money had been passed on to the appellant.