SHASHI PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHASHI Pal Singh (30), a Revenue Patwari posted in Kaunturpura Patwar Circle was convicted under section 5(1)(d), read with section 5(2) of the Prevention of Corruption Act, 1 947 and sentenced to rigorous Imprisonment for one year and a fine of Rs. 500/- In default of payment of fine he was further sentenced to three months rigorous imprisonment. He was also convicted under section 161, Indian Penal Code and sentenced to rigorous imprisonment for one year and a line of Rs. 200/. In default of payment of fine he was further sentenced to rigorous imprisonment for two months. Both the sentences were made to run concurrently by the learned Special Judge, Gurdaspur. The present appeal is directed against the said conviction and order.

(2.) BRIEFLY the facts of the case are that. Ishar Dass, PW-I approached the accused on 12-12-1994 for obtaining copies Of Jamabandi and Khasra Girdawari in connection with a case for ejectment Of agricultural land filed against him by Harbans Singh etc. under whom he had been a tenant for the last 35 years or so. The accused demanded a bribe of Rs. 50/- for supplying him the copies. As the complainant did not have the money with him, the accused told him that he could contact him in a day or two. on 14-12-1984, Ishar Dass, PW-I appeared before Dharm Singh, Inspector Vigilance Bureau, Pathankot in his office. He stated about the demand of bribe and that he did/not want to pay the same. The Inspector Vigilance summoned two persons through a constable. They were Chaman Lal, PW-3 and Raj Pal Nanda, PW-5. Chaman Lal is a rickshaw-puller and Raj Pal Nanda is a Field Assistant, Statistical and Planning Department, Gurdas pur. The Inspector Vigilance recorded statement. Exhibit PA, of Ishar Dass and forwarded the same vide endorsement Exhibit PA/1 for registration of a case against the accused. Formal FIR Exhibit PA/2 was entered on the basis of the said statement. Ishar Dass, PW-11 produced three currency notes-two currency notes of the denomination of Rs. 20/- and one currency note of Rs. 10/- Inspector Vigilance put his initials on those currency notes, Exhibit P1 to P3. Ishar Dass was asked to empty his pockets, by handing over any cash or other articles to Chaman Lal, PW-3. The currency notes Exhibits P1 to P3 were treated with phenol phthalein powder and were handed over to Ishar Dass under memo. Exhibit PB, Ishar Dass was instructed to go to the accused and to hand over those currency notes on demand. He was also instructed not to shake. hands with the accused. Chaman Lal, PW-3, was asked to accompany closely behind. Ishar Dass and to act as a shadow witness. The raiding party went to village Mirthal by a car which was parked near petrol pump at a distance of about 100 yards front the Patwar Khana. Ishar Dass accompanied by Chaman Lal, PW-3, proceeded to the Patwar Khana. The accused was found sitting in the courtyard in front of the Patwar Khana. The accused asked the complainant whether he had brought the bribe money. Ishar Dass nodded. The accused then demanded the bribe money from him Ishar Dass accordingly gave him the said three currency notes which were received by the accused in his right hand. The accused placed those currency notes in an almirah, in the room of the Patwar -Khana in which some record was lying. After the accused had kept the money in the almirah, Ishar Dass gave the pre-arranged signal which was in turn relayed by Chaman Lal PW-3 and the raiding party reached the spot. Inspector Vigilance disclosed his identity and asked the accused to produce the bribe money received by him. The accused produced the currency notes from the record lying in the almirah from amongst papers Exhibit P6 and P7. These were the same currency notes which has been handed over to Ishar Dass to be passed on to the accused on demand of bribe. A weak solution of Sodium Carbonate was prepared and the accused was asked to dip his fingers therein. The colour of the solution turned pinkish. The contents of the glass were transferred into a phial and sealed. In another glass fresh solution of Sodium Carbonate was prepared. The papers in which the currency notes had been recovered were dipped in the solution, which became pink. That solution was also transfered into phial and sealed. Personal search of the accused yielded Rs. 43/- the form of notes of various denominations, besides a pen. The investigating Officer took into possession some revenue record including Khasra Girdawari. Receipt Book Register Ujrat (copying fee) and Roznamcha Waqiat under Memo. Exhibit PIC. The phials were sent to the Director, Forensic Science Laboratory and vide report Exhibit PK, the same were found to contain sodium ions, carbonate ions and phelophthatein. After obtaining sanction from District Collector, Gurdaspur, the accused was prosecuted for the said, offence.

(3.) EXCEPT Chaman Lal, PW-3, who turned hostile and was allowed to be cross examined by the prosecution, the witnesses supported the version set out above.