CHANDER DUTT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Chander Dutt has challenged the conviction and sentence passed by the trial Court under Section 7 and Section 13 (1)(d)(ii) of the Prevention of Corruption Act, 1988 vide which he was sentenced separately to undergo 1 year R.I. and to pay a fine of Rs. 1000/- and in default to undergo a further period of 3 months.

(2.) It is the case of the prosecution that PW1 Kishan Lal's cousin by name Rattan Singh had to get the property purchased by him mutated in his name and therefore, PW1 approached Kanwal Singh who was the Naib Tehsildar for getting the mutation effected in favour of his cousin. Kanwal Singh demanded a sum of Rs. 2000/- as bribe. PW1 having refused to part with the money as demanded by Kanwal Singh approached the Deputy Commissioner, Narnaul on 6.9.2000 and submitted a complaint in the shape of affidavit. A sum of Rs. 1500/- was also handed over by PW1 to the Deputy Commissioner, Narnail being the amount demanded by Naib Tehsidar Kanwal Singh.

(3.) PW8 Sh.Vijender Singh was the SDM of Narnaul and PW9 Singara Singh was the Deputy Superintendent of Police, Narnaul at that point of time. Both of them were called by the Deputy Commissioner, Narnaul. PW9 applied phenolphthalein powder on the currency notes to the tune of Rs. 1500/- and the amount was entrusted to PW1 Kishan Lal with a clear instruction to hand over the same to Naib Tehsildar on demand. One Bhoop Singh also was directed to accompany Kishan Lal as shadow witness. Bhoop Singh had also been instructed to give pre-arranged signal to PW9 DSP on receipt of the amount by Kanwal Singh on demand.