SATNAM SINGH PATWARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Satnam Singh, Patwari has challenged the judgement of conviction and sentenced passed by the trial Court vide which he was convicted under Sec. 7 and Sec. 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and sentenced to undergo R.I. for 3 years and to pay a fine of Rs. 5000/ - and in default of payment of fine, to undergo further R.I. for 3 months for each of the offences.

(2.) PW2 Mehal Singh has deposed that his father obtained a decree from the Court of law for division of the land in his name into two parts between PW2 Mehal Singh and his younger brother Santokh Singh. Santokh Singh had died leaving behind his minor children. After his death, PW2 cultivated the land of his brother as well. Thereafter, he planned to transfer and get the mutation sanctioned in the name of children of his brother in respect of his share. On 31.8.2005, PW2 met accused Satnam Singh, Halqa Patwari who informed PW2 that he would charge Rs. 14,000/ - for 14 killas of land. Thereafter, the amount was settled at Rs. 10,000/ -. Accused Satnam Singh informed PW2 that he would visit his house on 2.9.2005 for collecting the money. He also instructed PW2 to keep the money ready so that PW2 would get the mutation sanctioned. PW2 returned to his village and consulted PW2 Satnam Singh son of Niranjan Singh. PW3 advised PW2 not to give bribe but to report the matter to the Vigilance Bureau, Patiala. On 2.9.2005, PW2 and PW3 proceeded to the office of Vigilance Bureau, Patiala with Rs. 10,000/ -. PW2 produced the said amount to PW8 DSP Banarsi Dass, Vigilance Bureau, Patiala. The statement suffered by PW2 was recorded by PW8. PW8 organized demonstration of Phenolphthalein test. PW6 Bikar Singh, official witness, was also associated for laying the trap. PW8 handed over the tainted currency notes treated with Phenolphthalein powder. As instructed by PW8, PW2 and PW3 reached the house of PW2. Accused Satnam Singh arrived at the house of PW2 at 9.09 a.m. Accused Satnam Singh demanded Rs. 10,000/ - as bribe from him. PW2 handed him over the tainted currency notes and the accused accepted the same and put in his left side pocket of the shirt. PW3 gave prearranged signal to the trap team headed by PW8. PW8 prepared the sodium carbonate solution and asked the accused to dip his hands in it. On his so doing, the solution turned light pink in colour. The left side pocket of the accused also was dipped into the solution and the colour of the solution turned light pink. The tainted currency notes were handed over by the accused to PW8. PW8 also arrested the accused. PW3 Satnam Singh who was deputed as a shadow witness spoke about the demand of bribe by the accused at the house of PW2 and the acceptance of the same. He also deposed that the tainted currency notes were recovered from the possession of the accused. PW6 Bikar Singh also spoke about the recovery of the tainted currency notes from the accused.

(3.) In the statement under Sec. 313 Cr.P.C, the accused submitted that he never demanded or accepted any illegal gratification from PW2 Mehal Singh. He submitted that Mehal Singh in connivance with Satnam Singh falsely implicated him. The Will allegedly executed by Santokh Singh was fabricated one. No raid was conducted by the Vigilance Bureau. Neither Mehal Singh nor Satnam Singh met him at any point of time.