KHAZAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KHAZAN Singh has by way of this appeal challenged his conviction and sentence of rigorous imprisonment for two years and a fine of Rs. 500/- in default further rigorous imprisonment for six months, under section 5(1)(d) read with section 5(2) of the prevention of Corruption Act and rigorous imprisonment for one year under section 161 of the Indian Penal Code recorded by the Special Judge, Patiala, vide his order dated 3rd December, 1984. Both the sentences have been ordered to run concurrently.

(2.) IN the year 1981 the appellant was posted as a Revenue Patwari of Dhamoli Neelpur. Teja Singh complainant PW3 had purchased some land from one Shrimati Neolde resident of Village Dhamoli for Rs. 19,500. An agreement had been executed between Shrimati Neolde and Teja Singh PW and a sum of Rs. 5000/- was also paid as earnest money. On 3rd June, 1981, Teja Singh complainant along with Ram Karan grandson of Smt Neolde went to the office of the appellant to get a copy of the 'jamabandi' of the land in question. The office of the appellant was situated at Rajpura. The appellant asked for Rs. 300/- as illegal gratification for the supply of the copy of the jamabandi. It was agreed that Teja Singh would pay Rs. 300/- in the afternoon and that the copy of the jamabandi would be delivered to him. Since Teja Singh PW did not want to pay illegal gratification, he along with Jagir Singh PW4 went to the office of the Vigilance Department. Ram Karan did not accompany them to the office of the Vigilance Department. They appeared before Inspector Randev Singh PW7. Teja Singh PW made statement which is Exhibit PB. On the basis of the same formal first information report Exhibit PB/1 was recorded at the Police Station Rajpura, on 3rd June, 1981, at 3.30 p.m. Teja Sigh PW then produced three currency notes of the denomination of Rs. 100 each which are Exhibits P3 to P5 before the Inspector Vigilance who noted down their numbers and after treating them with phenolphthalein powder gave these back to Teja Singh PW for being passed on to the appellant. Jagir Singh PW was directed to act as a shadow witness. The police party headed by Randev Singh Inspector then went in a Government jeep towards the office of the appellant. Ram karan also met the police party at Rajpura. Jagir Singh and Teja Singh were directed to go ahead. The were followed by the remaining party. When Teja Singh and Jagir Singh PWs reached the office of the appellant, Radhe Lal DW2 was also found present there, Teja Singh PW passed on currency notes, Exhibits P3 to P5, to him. On the receipt of the money the appellant gave copy of the jamabandi to Teja singh which is Exhibit PI. The appellant put the currency notes into the front pocket of his shirt. Jagir Singh PW gave the agreed signal at which the Vigilance Inspector along with the remaining party came there. The Vigilance Inspector after disclosing his identity and observing due formalities searched the person of the appellant. Currency notes Exhibits P3 to P5 were recovered from his pocket. The appellant was made to wash his hand in a solution of sodium carbonate. The colour of the same turned pink. That solution was put into nip Exhibit P2. The Inspector compared the numbers of currency notes Exhibits P3 to P5 with numbers kept. They tallied. The pocket of the shirt of the appellant was also washed in the same type of solution. The colour of the same also turned pink. That was also converted into a nip. Currency notes Exhibits P3 to P5, pens Exhibits P6 and P7, wrist watch Exhibit P8, nip Exhibit P9 and shirt Exhibit P10 was taken into possession by the Inspector vide memo Exhibit PK. The registers of the appellant were also taken into possession. Copy of the jamabandi Exhibit P1 was also taken into possession from Teja Singh PW. A photostat copy of agreement between Smt Neolde and Teja Singh was also taken into possession. The appellant was arrested and after obtaining sanction for his prosecution he was sent up for trial.

(3.) THE prosecution, in order to bring home the charge to the appellant, examined Shir K.K. Dhir, Commissioner, Municipal Corporation, Amritsar. He stated that sanction Exhibit PA for the prosecution of the appellant was accorded by order and in the name of the Governor of Punjab and that it was signed by him on behalf of the Government while posted as Deputy Secretary to Government, Punjab, Revenue Department. PW3 Teja Singh is the decoy witness while PW4 Jagir Singh is the shadow witness PW5 Ram Kumar clerk of the office of the Deputy Commissioner, Patiala, proved the appointment and posting of the appellant. PW6 Hari kishan Field Kanungo stated that a copy of jamabandi was normally supplied to the person in whose name land stood. He further stated that according to column No. 4 of Ujarat Register Exhibit P11, a copy of jamabandi was supplied to Ram Karan. He further stated that Kashmir Singh was also a Patwar and that he and the appellant worked in the same office. PW7 Randev Singh D.P.S. conducted the raid, recovered currency notes Exhibits P3 to P5, arrested the appellant and investigated the case.