JAI PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) JAI Parkash resident of Malis Patwat Mal Halka Narnaund Was convicted by Special Judge, Hissar, under section 5(2) of the Prevention of Corruption Act 1947 and under section 161 of the Indian Penal Code. He has come up in appeal.

(2.) THE prosecution story is that Sat Pal (P.W.9) wanted to purchase land of his brother Rajinder (P.W.6). Sat Pal approached the Appellant at Narnaund on 24th December, 1982 and requested him to supply the copy of the Jamabandi in respect of the land. He also wanted to have copy of the mutations as he was told that these were also required for sale. The appellant demanded Rs. 140/- as bribe for supplying the documents. Sat Pal showed some hesitation. The appellant told him that unless he pays Rs. 140/-, copies will not be supplied to him. Sat Pal, finding no escape, agreed to pay the amount and it was agreed that the amount will be paid to the appellant at his house in Hansi Town on the following day and after receipt of the amount the documents required would also be handed over to Sat Pal at the same time.

(3.) SAT Pal, Dhan Singh and the police party then went in Government Car to Hissar where they reached the Rest House at 3.30 P.M. on 25th December, 1982. From there they went to the house of the appellant. The party was headed by Sat Pal followed by Dhan Singh and Dhan Singh followed by the police party. The appellant was not found at his house. They waited there for about an hour. After waiting for an hour, Sat Pal informed the party that the appellant had told him that he would be coming from the Bus Stand side. The party then went towards Bus Stand side and while they were coming at Umra Chowk, the appellant met Sat Pal. Both of them went into the shop of Brown Hair Dresser where Sat Pal paid the money to the appellant. Dhan Singh, who was waiting out side the shop, gave the signal, on receipt of which Inspector Som Nath entered the shop and found the appellant having currency notes in his hand. At that time Sushil Kumar, proprietor of the shop (Brown Hair Dresser) was also present. The currency notes were taken into possession vide memo Exhibit PD. The numbers of the currency notes tallied with the numbers of the notes given to Sat Pal at Hissar. The hands of the appellant were washed in a container, in which Sodium Carbonate powder was put. After stirring the colour of the liquid turned light pink. It was transfered into a nip and was taken into possession vide memo Exhibit PE. The person of Sat Pal (P.W.)was also searched and documents Exhibits P.1 to P 3 which, according to him, were given by the appellant, were found. These documents were taken into possession vide memo Exhibit PC.