SUBHASH CHANDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a Criminal Miscellaneous Petition No. 10733 -M of 1998 filed by Subash Chander son of Shri Janga Ram (petitioner) against the State of Punjab whereby he has prayed for the grant of regular bail to him in case F.I.R. No. 64 dated 24.4.1998 under Sections 177/197/198/465/466/467/468/471/477 - A/120 -B Indian Penal Code and 13 -D of the Prevention of Corruption Act, 1988, of Police Station Sadar, Muktsar.

(2.) THE prosecution case, in brief, is that some villagers belonging to village Mahabhadar, Tehsil Muktsar approached Deputy Commissioner, Muktsar and complained to him that the field revenue agency in assessing the crop damage and distribution of crop compensation to the villagers had bungled inasmuch as they had got compensation for those who did not own land at all or whose crop had not suffered any 'Kharaba'. During preliminary enquiry, the records pertaining to the assessment of crop damage in the village was summoned from the concerned patwari. Patwari was also summoned. Patwari stated that he was not having the register 'Chhant' and the assessment register from which this fact could have been enquired as to whether there had been serious irregularity in the assessment of the crop damage and the distribution of compensation of the villagers. During enquiry, some people complained that they did not get the crop compensation although their crop had suffered serious damage and they had suffered major crop loss due to the fury of floods in the last season. In the enquiry statements of some witnesses were recorded. Shri Lakhmir Singh son of Kakka Singh got his statement recorded stating that Ranjit Singh and Manjit Singh sons of Shri Gurdev Singh had hardly any land under their ownership but they had got cheques of Rs. 20,000/ - and Rs. 18875/ - respectively. It was also stated that both of them were in Government service working as teachers. Shri Malkiat Singh son of Mehar Singh got his statement recorded that Shri Gur Raj Singh, Lambardar of that village had received compensation in the name of his mother Dalip Kaur (Rs. 83000/ -) ( -sic -), himself (Rs. 17,975/ -), Dilbagh Singh son of Gurnam Singh (Rs. 5062/ -) and Paramjit Kaur wife of Gurlal Singh though their crop had not been suffered damage to that extent. Shri Kapoor Singh son of Lal Singh stated that Balwinder Singh son of Shri Jagjit Singh had land under his ownership but the same was located at higher elevation and his cotton crop, as such had not suffered any damage. Still he got Rs. 4175/ - in the first instance and later on Rs. 16,975/ - towards crop compensation. He stated that even SDM, Muktsar had visited his village to inspect the 'Kharaba' assessment on 17th January, 1998. Thereafter, SDM, Muktsar convinced the villagers that those cheques which had wrongly been made by the revenue staff would be cancelled. Similarly, in the enquiry statements of Gurnek Singh son of Gurcharan Singh and others were recorded. They also stated about the irregularities committed in the assessment of crop damage and distribution of crop compensation. During enquiry, it transpired that a look at the receipt register with the disbursement register depicted that on the preceding page of the last page there were two names viz. Manjit Singh and Ranjit Singh sons of Gurdev Singh. Against their names, there were two entries in the amount column viz Rs. 18875/ - and Rs. 20,000/ - respectively. These two names were later on erased by the Patwari and the signatures against these two names were also tried to be erased with the Erasing Fluid. A look at the back side reflected that they had given the cheques for the said amount bearing Nos. REC 921382 and REC 921383. On cross -checking from the counterfoils of the cheques issued, it was evident that does cheques had earlier been issued but later on those cheques were collected and cancelled. Thereafter, again the cheques bearing Nos. REC 921393 and 921394 were issued against these two names on 7.1.1998. These two cheques were later on issued in back date. It transpired during enquiry that the cheques were delivered under the criminal designed conspiracy of the revenue officer/revenue officials but later on when he came to know that the matter had been brought to the notice of the higher authorities those cheques were collected and cancelled. Girdawari register showed that actually Jagtar Singh and Balkar Singh had joint Khewat but Girdawari was changed by the Patwari in the name of Manjit Singh and Ranjit Singh. Iqbal Singh son of Shri Tara Singh stated that they had not suffered crop damage as they had sown paddy crop but with the collusion of the Patwari, those cheques were wrongly given to them as earlier they had criminal design in their mind to give the cheques to Manjit Singh and Ranjit Singh son of Shri Gurdev Singh but when they came to know that the same had been highlighted they again tampered the records by rubbing the entry in the Girdawari Register. Roznamcha Waqiati for the period ending 31st August, 1997 was not produced by the Patwari. He feigned that it had got misplaced. Fact that some entries had been changed or tampered in the Girdawari register was clear even to the naked eye. Even the entries corresponding to 113/2 had been tampered with a view to show it as "Kharaba" for 6 Kanals 18 Marlas. There was no relationship between Jagtar Singh, Balkar Singh and Manjit Singh, Ranjit Singh. They belonged to different castes. The records of the Patwari had been collected on 7th of April of but it appeared from the blank columns in the Girdawari Register that he had not entered the Hari Girdawari which he was supposed to complete by 31st March, 1997. During enquiry it transpired that Shri Harnam Singh Mann Patwari had changed the entries in the Girdawari Register. He tampered with the records to extend undue financial benefits to those whose crops suffered no damage or to one who did not own any land or who had not sown any crop. Shri Dharam Lal Kanungo made entries of those khasra numbers as 'Kharaba' which are Gair Mumkin Abadi as per the entry in the Girdawari Register. Shri Subhash Chander has entered several numbers afterwards with mala fide intention to give crop compensation to those whose crop had been suffered any damage. Shri Subhash Chander Tehsildar acted with mala fide intention in village Virvianwali, two/three times in his inspection note after conducting his inspection. Whoever pleased him in one way or the other, he went on adding the numbers so as to benefit the respecting crop compensation. Patwari, Kanungo and Tehsildar committed serious irregularity by changing entries and tampering with the revenue records. To cap it, to put a veil over all their misdeeds, they misplaced the record i.e. register 'Chhant'and assessment register as these two registers had the signatures of these three revenue officials/officers. These three officials gave wrong certificates for distribution of crop compensation amongst villagers.

(3.) HARCHARAN Singh Mann Patwari, Dharam Pal Kanungo and Subhash Chander then Tehsildar, Muktsar in pursuance of criminal conspiracy, committed forgery by making false entries in the Khasra girdawari register dishonestly and tampered the records, intending to use that record for the purpose of cheating to get illegal monetary benefits out of the 'Kharaba' money to different undeserved beneficiaries. They further misplaced the statutory records in their custody so as to circumvent the enquiry and to hoodwink the higher authorities. They abused their position as public servant and got pecuniary advantages for those who were not entitled to those advantanges.