SAMPAT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant was tried under Sections 7 and 13(1)(a) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act'). Vide judgment and order dated 28/29.4.1999, learned Special Judge, Gurgaon convicted him for the aforementioned offences and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,000/ - and in default of payment of fine, to further undergo simple imprisonment for three months. Hence, the present appeal.

(2.) THE case of the prosecution, in nutshell, is that complainant Jeet Ram had agricultural land situated in village Bissar Akbarpur and the appellant was the Patwari of that area. On 8.10.1991, the complainant approached the appellant for obtaining copy of Jamabandi of his land. The appellant told him that in the revenue record, less land was recorded in his name and if he wanted to get the record corrected, he should pay him Rs.5,000/ -. The complainant was not having the said amount. Accordingly, he approached Lakhi Ram, who advanced him Rs.5,000/ -. The complainant paid the said amount to the appellant, who did not issue any receipt but promised to do the needful. The complainant again approached the appellant for the above mentioned purpose but was told by the appellant that he had since been transferred and, accordingly, assured to return the amount to him. When the appellant did not return the amount, despite several requests, the complainant submitted complaint to the Deputy Commissioner, Gurgaon on 1.5.1992, who referred it to the Sub Divisional Magistrate, Nuh for enquiry and report. After conducting the fact finding enquiry, the Sub Divisional Magistrate, Nuh submitted report dated 16.6.1992 to the Deputy Commissioner stating therein that the appellant had received a sum of Rs.3,500/ - from the complainant as bribe and the said amount stood returned by the appellant to the complainant. Accordingly, initiation of action against the appellant as well as the complainant was recommended. The Deputy Commissioner vide letter dated 19.8.1992 directed the Sub Divisional Magistrate to get a criminal case registered against the appellant and the complainant. Accordingly, FIR No. 155 dated 28.11.1992 was registered at Police Station Tauru.

(3.) IN support of its case, the prosecution examined eight witnesses. PW1 Inspector Hari Chand deposed that he had prepared challan against the appellant. PW2 SI Karan Singh testified that he recorded formal FIR. PW3 Jeet Ram, complainant deposed on the lines of the prosecution case. PW4 Lakhi Ram deposed that the complainant informed him about the appellant demanding a sum of Rs.5,000/ - from him for making correction in the revenue record. Accordingly, he paid a sum of Rs.5,000/ - to the complainant on interest at the rate of 2% per month. He then accompanied the appellant to Patwarkhana in village Tauru, where the appellant and his Munshi met them. While he and the Munshi remained inside, the complainant and the appellant went out of the office and on their return, the complainant told the witness that his work had been done. He further testified that the complainant, later on, told him that his work had not been done, despite the fact that he had paid money to the appellant. The witness further stated that after some days, he was summoned by the Sub Divisional Magistrate, Tauru where the appellant offered to settle the matter and at the intervention of the brotherhood, the appellant agreed to return Rs.3,000/ - as principal amount and Rs.480/ - as interest, which amount was duly paid. PW5 Shri Rajbir Singh, the then Sub Divisional Magistrate, stated that he had made enquiry in relation to payment of illegal gratification by the complainant to the appellant. He proved his report Ex.PB and also the statements Ex.PB/1 of the appellant. Ex.PB/2 of Jeet Ram, Ex.PB/3 of Lakhi Ram, Ex.PB/4 of Lakhpat, Sarpanch, Ex.PB/5 of Karan Singh, Patwari, Ex.PB/6 of Deep Chand, Girdawar and, supplementary statement Ex.PB/7 of the complainant. PW6 Gutar deposed that in his presence the appellant returned a sum of Rs.3,500/ - to the complainant. PW7 Ved Parkash, who was Deputy Superintendent of Police, Nuh testified that he partly investigated the case and recorded statements of various witnesses. PW8 Shri R.C. Mishra, the then ASP, Nuh stated that on 11.10.1993, he formally arrested the appellant and on 20.11.1993, recorded statement of the complainant and, thereafter, the file was handed over to the Station House Officer for preparing the challan.