SURAIN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE accused-appellant Surain Singh (hereinafter referred to as 'the accused') being Patwari of Circle Gudher Dhandi, having demanded a sum of Rs. 300/- on account of illegal gratification for entering the mutation on the basis of the sale deed has been trapped by the Vigilance Department under Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act'). Consequently, faced trial; convicted by the learned Special Judge, Ferozepur, vide its judgment dated 28.5.1996 and was sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs. 1000/- and in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) BRIEFLY stated, the facts as unfolded by the prosecution, are that on 17.12.1990, Kehar Singh-complainant (hereinafter referred to as 'the complainant') approached the accused in his office situated near Baghi Hospital, Ferozepur, for entering the mutation in the names of his sons namely Wasakha Singh and Darshan Singh, on the basis of the sale deed relating to 4 kanals land purchased by them from one Ahama Ram son of Mohna Ram resident of Village Gudhar Dhandi for a consideration of Rs. 10,000/-. The accused demanded a sum of Rs. 400/- as illegal gratification for entering the mutation from the complainant but the bargain was settled at Rs. 300/-. As the complainant was not willing to pay the money, he approached Sohan Singh (a shadow witness) and both of them approached the Vigilance Bureau, Ferozepur, where Babu Singh, Inspector Vigilance Department recorded his statement Ex.PF and took into possession three currency notes of the denomination of Rs. 100/- each and after applying pehno-phsthalene powder and after conducting the personal search of the complainant, handed over to him the said currency notes. Thereafter, he completed the formalities. Sohan Singh was deployed as shadow witness and he was directed to indicate after the accused accepts the illegal gratification. Babu Singh Inspector Vigilance Department, made his endorsement Ex.PF/l on his statement Ex.PF and sent the same to the Police Station, on the basis of which FIR Ex.PR was registered at Police Station City Ferozepur. On their way to the office of the accused, they also joined Hari Singh, a Government employee as a witness and issued them directions as usual. When the complainant reached the office of the accused, then the accused enquired from the complainant about the bribe money, which was demanded on the previous day, then the complainant responded in positive and handed over the aforesaid three currency notes to the accused. After the accused put the same into his pocket, Sohan Singh, a shadow witness indicated after going out of the office and the police apprehended the accused red handed. Inspector Babu Singh, after giving his identity arranged a glass tumbler and put clean water in the same and mixed sodium carbonate and made its solution. He got washed the hands of Hari Singh in the said water but the colour of the water did not change. Thereafter, when the accused washed his hands, then the colour of the water turned pinkish. Thereafter, Inspector Babu Singh transferred the said mixture into an empty nip and prepared its parcel, sealed it and took the same into possession vide memo Ex.PH. Thereafter, Inspector Babu Singh searched the accused and recovered three currency notes Ex.P1 to Ex.P3 from the front pocket of the shirt worn by him. After comparing the numbers of the currency notes with the numbers recorded in the memo Ex.PG, they took the same into possession vide memo Ex.PJ. Personal search of the accused was conducted. Documents recovered from him were taken into possession vide memo Ex.PK. He completed the other formalities; after recording the statements of the witnesses; got the sanction for prosecution of the accused; collected report of the Chemical Examiner Ex.PT and challaned the accused.

(3.) WHEN examined under Section 313 Cr.P.C. the accused denied all the incriminating circumstances appearing against him and pleaded his false implication. He further stated that mutation regarding the land Killa No. 16/l/3 could not be recorded because the said Khasra number was not in existence. The complainant Kehar Singh got corrected the sale deed from Khasra No. 16/1/3 to 16/1/1 and got the mutation sanctioned afterwards. He further explained that on the day of occurrence he never accepted the money nor he recorded any entry in the mutation register for mutation of said khasra number and Kehar Singh complainant had grudge against him as he had a common boundary wall with Jagat Singh and Bhagat Singh. He had gone along with Kanungo for demarcation of the common boundary between the complainant and Jagat Singh and Bhagat Singh, on the application but Wasakha Singh son of the complainant stopped them from demarcating the common wall so he had recorded an entry in roznamcha and police help was sought for demarcation. He further explained that two karams of land was encroached by the complainant and he had to surrender 8 marlas of land and the complainant had quarrelled with him in his office on 8.12.1990 and a report was lodged in the roznamcha regarding this incident. He has further stated that the money was forcibly thrusted in his pocket which he was not accepting and in the mean time Inspector came and took out the money from his pocket as he had refused to enter the mutation on the basis of the sale deed Ex.P4 on the file. In defence, the accused examined Lal Chand, Patwari Halqa Gudhar Dhandi (DW1). The trial ended in conviction. Hence this appeal.