LAWS(P&H)-2014-2-211

SUKHWINDER SINGH PATWARI Vs. STATE OF PUNJAB

Decided On February 12, 2014
Sukhwinder Singh Patwari Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THE appellants Sukhwinder Singh and Gurdial Singh are aggrieved by the judgment and order dated 31.01.2007 by virtue of which they have been held guilty and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 3000/ - and in default to further undergo rigorous imprisonment for three months under Sections 7 and 12 of the Prevention of Corruption Act, 1988 (for brevity, 'the Act') respectively, on the ground that appellant Sukhwinder Singh Patwari accepted illegal gratification for entering the mutation and appellant Gurdial Singh abetted in the offence.

(2.) THE case of the prosecution, in nutshell, is that on 22.12.1998 complainant Surinder Singh and Sukhvir Singh reached the office of Vigilance Bureau Unit Ludhiana and informed DSP Sarup Singh that a civil court decree was passed in favour of Jasvir Kaur, his brother's wife on 06.06.1998. As directed by the Court, the decree was got registered on 27.11.1998. The complainant approached the Patwari for its entry in the revenue record, but mutation was not entered. He met Sukhwinder Singh Patwari, who demanded Rs. 5000/ -, but finally agreed to accept Rs. 4000/ -. Accused Sukhwinder Singh asked the complainant to give the money either to him or to Gurdial Singh who was then sitting in his office. He was told that Gurdial Singh used to accept bribe money on his behalf. The complainant did not want to pay the amount of the illegal gratification and informed the Vigilance Bureau and made statement Ex.PJ. The complainant produced six currency notes of denomination of Rs. 500/ - each and ten currency notes of Rs. 100/ - each. Phenolphthalein powder was applied on the same. Their numbers were noted. The same were handed over to the complainant for passing it to the accused on the demand. Sukhbir Singh was deputed as the shadow witness. He was directed to overhear the conversation and give the appointed signal when the accused accepted the bribe money. Intimation was sent to the police station Vigilance Bureau for registration of the case.

(3.) CHARGE was framed under Section 13(1)(d) read with Section 7 of the Act against Sukhwinder Singh and accused Gurdial Singh was charged under Section 9 of the Act, to which they pleaded not guilty and claimed trial.