DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DARSHAN Singh, a Revenue Patwari of Halqa Matoi, district Sangrur, was convicted by Special Judge, Sangrur, on August 30, 1985 under section 5(1) (4) read with section 5(2) of the Prevention of Corruption Act and section 161 of the Indian Penal Code. He was sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo further rigorous imprisonment for three months under the provisions of the Prevention of Corruption Act and to undergo rigorous imprisonment for one year under section 161 of the Indian Penal Code. Both the sentences were ordered to run concurrently.

(2.) THE prosecution story, as divulged by Hari Singh complainant who appeared as P.W. 3 is briefly as under :-

(3.) P .W. 3 Hari Singh and P W 6 Rafiq Mohmmad disclosed about the prosecution case as briefly narrated above. S.I. Bhagirath Singh P.W. 9 also ltent corroboration to the prosecution case. Other formal witnesses were Also produced. Sanction obtained from the District Magistrate to prosecute the appellant was produced. Report of the Chemical Examiner was also produced regarding the solution of washing of hands of the accused. Statement of the accused under section 313. Criminal Procedure Code. was recorded who denied the allegations and Headed false implication. According to him. Gurmit Singh son of Hari Singh used to cultivate the Panchyat land Subsequently the Panchayat gave the land to Bhajan Singh son of Dalip Singh. He recorded Khasra Girdawari in the name of Bhajan Singh. Hari Singh wanted the Khasra Girdawari to be recorded in the name of his son Gurmit Singh and was thus annoyed. Hari Singh also gave an application for correction of Khasra Girdawari to the Assistant Collector, first Grade. Malerkotla who held that the Girdawari was correctly recorded In defence, three witnesses were produced Surjit Singh D.W. 1, Amar Singh D.W. 2, and Amrit Lal Verma D.W. 3. According to Surjit Singh D.W. 1, copy of the revenue record was given by the appellant to Hari Singh and Rafiq Mohammad who were trying to hand over money to the accused but the accused was preventing them with his hands. The money fell on the ground Amar Singh D.W. 2 stated that the accused was never arrested from the office of the Kanungo. Amrit Lal Verma D W. 3 produced a site plan, Exhibit D W. 3/A. On the evidence aforesaid, the order of conviction and sentence was passed.