RAGHBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAGHBIR Singh on his conviction under section 5(1)(d) read with section 5(2) of Prevention of Corruption Act and a sentence of six months rigorous imprisonment by the Special Judge, Rohtak, on 12th Sept., 1967, has come up in appeal.

(2.) THE prosecution case may be stated. Raghbir Singh accused was employed as Patwari in the Gudiani Circle, District Rohtak, during the month of February, 1966 Jai Dayal, P.W. 4, intended to purchase the land owned by Om Parkash. He approached the accused at Shadipur to furnish him a copy of the entries (Fard) in regard to the land in the Jamabandi. The accused demanded Rs. 100/ - as illegal gratification for complying with his request Jai Dayal visited him twice or thrice but to no purpose and ultimately he agreed to pay him Rs. 80/ - for this purpose. The accused said that he could deliver him the Fard on 28th February, 1966 Jai Dayal went to Jhajjar on 28th February, 1966, and met the Deputy Commissioner, Rohtak, who was camping there at the time and reported that the accused was demanding Rs. 80/ - from him as bribe for supplying the Fard. The Deputy Commissioner sent for Shri Hardyal Singh, S.D.O. (Civil) Jhajjar, P.W. 8 and banded him over some written instructions (P.A.), which were passed on by him to Mahavir Gupta, the then Naib -Tehsildar, Jhajjar (P.W. 1) under his endorsement (PA/1).

(3.) JAI Dayal went to the place where the accused appellant was supervising the construction of some public works. The remaining members of the party waited behind at a distance of about 25 yards. He contacted Raghubir Singh and handed him over eight currency notes, Exhibits P. 1 to P. 8, who placed them in his pocket and gave him a copy of the relevant entries of Khasra Girdawari. Mahavir Gupta alongwith other members of the party rushed to the place where the accused was standing. The first of them, as a result of the accused person's search, recovered eight currency notes, Exhibits P. 1 to P.8 from the pocket of his shirt which were taken into possession vide memo. Exhibit P. D. He also recovered copy of the Khasra Girdawari from the complainant's possession. The first information report, Exhibit P F./1, was made to the Station House Officer, Salhawas Police Station.