BALWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BALWANT Singh appellant, a Canal Patwari, was convicted under section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act and section 161, Indian Penal Code, and sentenced to undergo R.I. for 1-1/2 years and to pay a fine of Rs. 200/-; in default of payment of fine further R.I. for three months under the first count and to R. I. for one year under the second count by the Special Judge, Patiala, vide his order dated April 20, 1985. Feeling aggrieved, he has filed this appeal.

(2.) PROSECUTION case is that Chanan Singh complainant along with his two brothers owned agricultural land in village Sadharanpur. Out of the said land, about 4-1/2 acres of his land was irrigated by canal water provided by Rasholi minor. There was a breach caused in the said minor by the rats and as a result thereof the water entered the land of Chanan Singh and also that of others. According to prosecution, the appellant was incharge of that minor as he was posted as Canal Patwari of Halqa Sadharanpur at that time. On November 11, 198 1, the appellant went to Chanan Singh and told him that he had received a telegram from his higher officer at Patiala to the effect that the breach had been caused by him (Chanan Singh) and for that penalty should be imposed on him. He further told Chanan Singh that he shall recommend 25 times of usual irrigation charges as penalty against him. In case, he does not want to pay the penalty he should pay Rs. 300/- as bribe. Chanan Singh tried to convince the appellant that the cut was not caused by him, but it was due to the holes caused by the rats. The appellant was not convinced and insisted that Rs. 300/- as bribe be paid to him. The appellant further directed Chanan Singh to contact him the next day at about 2/3 P. M. at Goyal Karyana Store, Patran, and should pay the bribe money to him at that place.

(3.) THE raiding party then proceeded to Patran Mandi. The aforesaid currency notes of Rs. 300/- were delivered by Chanan Singh to the appellant on his demand at Goyal Karyana Store. The appellant put the currency notes in the front left side pocket of his shirt. On the signal given by the shadow witness the remaining members of the police party also reached the said store. The appellant was apprehended and searched. On search, four said currency notes were recovered by Santokh Singh Inspector Vigilance from the front left side pocket of the shirt of the appellant. The numbers of the currency notes were tallied with the numbers mentioned in the entrustment memo. Exhibit PB. After necessary investigation, the appellant was challenged, tried and convicted, as mentioned in earlier part of the judgment.