PREM KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction and order of sentence dated 20.4.2001 passed by Special Judge, Jalandhar whereby the appellant has been convicted for offence under sections 7 and 13 of the Prevention of Corruption Act and sentenced to undergo RI for a period of one year and to pay a fine of Rs.3,000/- and in default thereof to further undergo RI for a period of three months.

(2.) Briefly, the case according to the prosecution story is that Mohinder Singh has purchased one plot measuring 8 marlas situated in new Dashmesh Nagar, Basti Sheikh, Kala Sangha Road, Jalandhar vide sale deed dated 18.12.1996 for residential purpose. The accused appellant met Halqa Patwari for getting mutation entered in his favour for which he demanded a bribe of Rs.2,000/-. Ultimately, the accused agreed to pay Rs.1,500/-. The complainant approached DSP Harish Kumar, PW7 and made statement Ex.PA. A raiding party was constituted by DSP by joining shadow witness. The complainant asked the accused to enter the mutation and to issue certificate and on demand he paid Rs.1,500/- as promised by him. The amount was given by the complainant by way of currency notes and the same were kept in the pocket of his trousers. The raiding party reached at the spot and caught the hand of the accused, Fingers of both the hands of the accused were washed in the solution of sodium carbonate and colour thereof turned from white to pink, which was sealed into a separate parcel by DSP with his seal which was taken into possession. The currency notes were recovered from the pocket of trousers of the accused. After completing all the formalities, the challan was presented against the appellant under Section 7 read with 13 of the Prevention of Corruption Act and thereafter he was charge sheeted to which he pleaded not guilty and claimed trial.

(3.) The prosecution in order to prove its case examined as many as nine witnesses i.e., Mohinder Singh as PW1, Rajidner Singh Sandhu, JE, Municipal Corporation as PW2, Gurpreet Singh, Naib Tehsildar as PW3, Suresh Kumar, Bill Clerk as PW4, Sucha Singh, constable as PW5, Tarsem Lal as PW6 and Harish Kumar as PW7, Ranjodh Singh, Constable as PW8 and Sukhwinder Singh, DSP as PW9. On closure of evidence of the prosecution, the statement of accused under section 313 CrPC was recorded. In defence, the accused examined Parmod Kumar, Patwari as DW1 and Satwinderjit Singh, Kanungo as DW2 and Chaman Lal as DW3.