RAM KISHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 15/07/1987, passed by Shri Iqbal Singh, Special Judge, Ferozepore whereby the learned Special Judge found the accused/appellant guilty and convicted him of the charges under S. 5(1)(d) read with S. 5(2) of the Prevention of Corruption Act (in short, the Act) and S. 161 of the IPC. The learned Special Judge sen tenced the accused to undergo rigorous imprison ment for two years and to pay a fine of Rs. 1,000.00, or in default, to further undergo rigorous imprison ment for six month; under S. 5(1)(d), read with S. 5(2) of the Act and to further undergo rigorous imprisonment fur one year under S. 161 of the IPC. Both the sentences of substantive imprisonments were ordered to run concurrently.

(2.) Briefly stated, that facts of the case are that Sulakhan Singh (P.W. 2) of village Bahamaniwala had taken Government land on lease measuring about 30 Kanals 6 Marlas, and another resident of the same village, namely Karam Singh (P.W. 3) had also taken 15 Kanals 8 Marlas of land on lease. This land was taken by them on lease from the Rehabili tation Department. In January, 1986, both Sulakhan Singh and Karam Singh took possession of their said land through Balwant Singh Kanugo in the presence of Ram Kishan Patwari, the appellant herein above. Thereafter, they met Shri Sehgal, clerk in the Reha bilitation Department at Fazilika, to take the sale certificate. Shri Sehgal told them that the file had gone to the higher officers for sanction and directed them to take a copy of the entry in the Rapat Roznamcha regarding the possession and to see the Collector, Ferozepore, so that the sale might be confirmed and mutation sanctioned in their favour.

(3.) Accordingly, on 8/03/1986, both Sulakhan Singh and Karam Singh went to the appel lant and requested him to give a copy of the Khasra Girdawari and entry in the Rapat Roznamcha. It is further alleged that the appellant demanded a sum of Rs. 500.00 as illegal gratification for doing the said work and finally the matter was settled for Rupees 100/- each. It is further alleged that the appellant asked them to come on the next day along with Rs. 200.00 in his office at Jalalabad and meanwhile, he would prepare the said copies.