GURDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURDIAL Singh appellant has challenged conviction under section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act and section 161 of the Indian Penal Code recorded by the Special judge, Gurdaspur, vide his order dated 14th May 1984. The learned trial Judge vide his order dated 17th May, 1984, sentenced the appellant to rigorous imprisonment for one year and a fine of Rs. 500, in default further rigorous imprisonment for three months, under section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act and rigorous imprisonment for one year and a fine of Rs. 200, in default further rigorous imprisonment for three months, under the section 151 of the Indian Penal Code. Both the sentences have been ordered to run concurrently.

(2.) IN the year 1982 the appellant was posted as a Revenue Patwari in circle Rania. Parkash Singh complainant PW3 had taken some land from one Bua Singh on mortgage in the sum of the three thousand rupees in village Rania, It was a mortgage with possession. Bua Singh threatened Parkash Singh to take back th possession forcibly Parkash Singh approached the appellant and requested him to supply the copies of khasra girdawri and Jamabandi so that he could file a suit for injunction. In spite of the fact that Parkash Singh visited the appellant a number of time for the purpose the appellant put him off on one pretext or the other. Parkash Singh made a written complaint about that before the Sub-Divisional Officer (Civil). The Divisional Officer (Civil) marked the complaint to the Naib Tehsildar. The naib Tehsildar further marked it on to the appellant, Parkash Singh against contacted the appellant on 30th June, 1983, and asked him to do the needful but the appellant refused to do so unless he was paid Rs. 200 as illegal gratification. Ultimately the matter was settled at Rs. 150. Parkash Singh promised to pay the agreed amount on the next day. On 1st July, 1983, Parkash Singh went to Harbhajan Singh, Deputy Superintendent of Police, Vigilance Bureau, Gurdaspur and made statement Exhibit PB. On the basis of the same, formal first information report Exhibit PB/1 was recorded at police Station, Dhariwal, on Ist July, 1983, at 12-25 p.m. Amar Singh PW 8 was also present with Parkash with PO at that time. Parkash Singh PW then produced three currency noted of the denomination of Rs. 50 each which are Exhibits P1 to P3. The Deputy Superintendent of police, Vigilance noted down the numbers of the currency notes and after treating them with phnolphthalein powder gave these back for being passed on to the appellant. Ujagar Singh PW4 was also joined with the police party and was directed to act as a shadow witness. The raid party headed by the Deputy Superintendent of Police, Vigilance, went to village Rania in a jeep. The jeep was parked near a culvert. Parkash Singh, Ujagar Singh and Amar Singh PWs were asked to go ahead and Parkash Sing PW was asked to pass on the money to the appellant after he made demand for the same. Ujagar Singh was further directed to give a signal after the money had been passed on to the appellant. All these three witnesses went to the office of the appellant. The appellant asked Parkash Singh if he had brought the money, at which Parkash Singh handed over currency notes Exhibits P1 to P3 to the appellant. The appellant kept currency notes in an almirah. Ujagar Singh PW then gave a signal on which the raid party reached the spot, After disclosing his identity and observing due formalities Harbhajan singh Deputy Superintendent of Police apprehended the appellant. The hands of the appellant were dipped in a solution of sodium carbonate. The colour of the solution turned pink. Currency notes Exhibit P1 to P3 were covered from the almirah. The numbers of the currency notes were compared with the number noted down by the Deputy Superintendent of Police. They tallied. The solution was converted into a phial, Application Exhibit PA was taken into possession by the Deputy Superintendent police. He also prepared site-plan Exhibit PH. He arrested the appellant and after obtaining sanction for his prosecution sent him up for trial.

(3.) THE prosecution, in order to bring home the charge to the appellant, examined Shri J.S. Kalha, Deputy Secretory, Irrigation, as PW1. He stated that in the year 1982 he was posted as Sub Division Officer, Civil, at Gurdaspur. On 29th June, 1982, Parkash Singh son of Basant Singh lambardar of village Rania filed a written complaint, Exhibit PA, against the appellant who was posted as Revenue Patwari in Rania circle. This witness marked the complaint for necessary action to the Naib Tehsildar. PW2 Pritpal Singh Sub-Inspector recorded formal first information repot Exhibit PB/1. Parkash Singh PW3 is the decoy witness while Ujagar Singh PW4 is the shadow witness. PW5 Muni Lal Sardar Kanungo, D.C. Office, Gurdaspur, stated that the appellant was appointed Patwari on 7th July, 1951, and that he was posted in Rania circle by the order of the Collector, Gurdaspur, dated 29th April, 1983. He also proved sanction Exhibit PF for the prosecution of the appellant. The affidavits of Harbhajan Singh PW6 and Daler Singh PW7 were tendered in evidence. PW8 Amar Singh accompanied the decoy witness to the office of the Deputy Superintendent of Police. He also witnessed the recovery of currency notes Exhibits P1 to P3 from the appellant, PW9 Yash Pal Patwari Circle Dhariwal stated that from the year 1977 to 1980 he was posted as a Patwari in Dhariwal circle and that village Rania fell in his jurisdiction. He used to prepare the jamabandi. He carried out the Khasra giadawari in respect of 13 Kanals 5 marlas bearing rectangle No. 15, killa No. 6/2, 15/1, 15/2, 16/1 and 16, but the, girdawari was prepared after spot inspection. He stated that the copies of khasra girdawaris can be delivered only after filing columns Nos. 2 and 3 of the khasra girdawarls, PW10 Harbhajan Singh D.S.P. conducted the raid, recovered currency notes Exhibits P1 to P3 from the appellant and investigated the case.