HARI KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 8.5.1987/13.5.1987 passed by the Special Judge, Jind, by which Hari Kishan, appellant has been convicted under Section 5(1)(d) of the Prevention of Corruption Act read with Sections 161 and 165 IPC. He was sentenced to undergo R.I. for one year and to pay a fine of Rs. 1000/- and in default of payment of fine, to undergo further R.I. for 3 months under Section 161 IPC and R.I. for one year each under Section 165 IPC and Section 5(1)(d) of the Prevention of Corruption Act. The substantive sentences awarded to the appellant, however, were ordered to run concurrently.

(2.) BRIEFLY stated, the prosecution case is that one Birja Nand of village Amarheri died in 1983 leaving behind his widow Lachhmi Devi, three daughters and six sons including Hukam Singh and Daya Singh, PW-5. On 19.6.1986, Hukam Singh alongwith Hari Chand Lambardar came and lodged a report, Ex. PD, in the roznamcha of the Patwari with regard to the death of Birja Nand and for entering mutation of his estate. The Patwari entered mutation No. 618 on the basis of the said report on 19.6.1986, and it was verified by the Field Kanungo on 25.9.1986. The said mutation together with some other mutations was put up by the Patwari Hari Kishan before Mr. Des Raj Bindal, Tehsildar (PW-1) on 30.9.1986. As none from the heirs of Birja Nand deceased was present, the Tehsildar recorded their absence under his signatures on that date and mutation case was ordered to be taken up later on. On 27.10.1986, Daya Singh (PW-5) alongwith Mithu (PW-7) went to the house of the appellant at Jind and requested him to enter mutation of inheritance relating to his father. The appellant demanded a bribe of Rs. 100/- to get the mutation sanctioned. Daya Singh did not want to give the bribe and instead decided to report the matter to the Vigilance authorities. Thereafter, he alongwith Mithu (PW-7) went to the office of the State Vigilance Bureau, Jind and made a detailed statement, Ex. PE to Inspector Brij Kishore. It was signed by him in token of its correctness. After making his endorsement on the said statement, Inspector Brij Kishore sent the same through Constable Lakhmi Chand for registration of the case, on the basis whereof formal FIR, Ex. PE/1 was recorded by Inspector Norang Singh (PW-6) at 6.30 PM.

(3.) IN the morning, complainant Daya Singh went to the house of the appellant, who told him that he was going to village Ahirka and on his return from there, he would visit complainant's house at village Amarheri at about 5.00/5.15 PM. Daya Singh passed on that information to Inspector Brij Kishore (PW-9). Thereafter, Inspector Brij Kishore, accompanied by DRO Bishna Ram complainant, Daya Singh and Mithu (PW.7) went to village Amarheri on bicycles, reaching there at about 5.30 PM. Inspector Brij Kishore directed complainant Daya Singh to hand over the treated currency note to the accused if he asked for bribe, and thereafter to give a signal to Mithu, who was to follow him at some distance, by touching his head with his hand. The signal was to be passed on by the shadow witness Mithu to the raiding party.