LAWS(P&H)-2015-7-741

NARANJAN DASS Vs. STATE OF PUNJAB

Decided On July 16, 2015
NARANJAN DASS Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Through the instant appeal, appellant Naranjan Dass has laid challenge to the judgment of conviction and order of sentence dated 28.11.2006, by virtue of which he has been held guilty under Sections 7, 13(1) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for brevity, 'the Act') and sentenced to undergo rigorous imprisonment for a period of two years with a fine of Rs. 2500/- under each head. In case of default of payment of fine, the appellant was directed to further undergo rigorous imprisonment for six months. Both the sentences were ordered to run concurrently.

(2.) The case of the prosecution, in nutshell, is that complainant Balihar Singh had purchased 6 kanals 4-1/2 marlas of land from his father Swaran Singh in August 2002. Mutation was sanctioned in respect thereof. The complainant was in need of copy of jamabandi, so on 11.10.2002 he contacted Naranjan Dass, appellant, who was posted as Patwari in Revenue Department. The appellant told him about the sanction of the mutation by the Naib Tehsildar on 24.09.2002 and demanded illegal gratification of Rs.5000/- for preparing the copy of jamabandi. The complainant showed his inability and requested to reduce the amount, to which accused refused. The complainant was asked to come on 14.10.2002 in the afternoon in Sub Tehsil Goraya with Rs.5000/-. It is further the case of the prosecution that complainant falsely promised the accused to pay the amount. Instead, he along with Gurbachan Singh, Numberdar went to Vigilance Bureau, Jalandhar and informed them about the demand of illegal gratification by the accused and requested for taking action against the accused.

(3.) Statement of complainant Ex.PC was recorded. On the basis of the complaint, FIR was registered at Police Station Vigilance Bureau, Jalandhar. The complainant handed over ten notes of denomination of Rs.500/- each, which were taken into possession vide memo Ex.PQ. The numbers were noted down and phenolphthalein powder was applied on them. Munish Kumar, Deputy Economical Statistics Advisor, Jalandhar and Jatinder Parshad, his Assistant were called and associated in the raid as official witnesses. They were introduced to the complainant and Gurbachan Singh, the shadow witness. Pre-trap proceedings were carried out. Demonstration was done.