PIARA LAL Vs. STATE

JUDGEMENT

(1.) Piara Lal, Ex. Tehsildar, Patiala, on his conviction under Section 5 of the Prevention of Corruption Act No. II of 1947 and a sentence of one year's rigorous imprisonment and a payment of fine of Rs. 25,000/- or in default to undergo rigorous imprisonment for another period of one year by Shri Om Parkash Sharma, Special Judge, Patiala, has come up in appeal to this Court.

(2.) The police sent up Piara Lal, accused-appellant and Bishan Chand, Patwar Clerk, to stand their trial under Section 5(1)(c) read with Section 5(2) of the Prevention of Corruption Act and Section 409 of the Indian Penal Code in the Court of the Shri Narinder Singh, Special Judge, Patiala. The charge framed against the first of them runs as under :-

(3.) The prosecution story may briefly be stated Piara Lal, accused-appellant was Tehsildar and Bishan Chand accused, since acquitted, was a Patwar Clerk in Patiala Tehsil during the year 1952. The Deputy Commissioner sent the Deposit Re-payment Order payable by 29th August, 1952, Exhibit P.C. for a sum of Rs. 23,400/- in the name of the Tehsildar, Patiala. This amount was required for payment to the displaced owners of land situate in the area of Bahadurgarh. The date for encashment of the Deposit Re-payment Order had lapsed when it reached the Tehsil Office, therefore it was sent back to the Deputy Commissioner for renewal which was done on the 7th November, 1952. The accused, appellant on receipt of the Deposit Re-payment Order made the following endorsement at its back :-