NARINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 10.07.1996, rendered by the Special Judge, Rup Nagar, vide which he convicted Narinder Kumar son of Om Parkash, accused, (now appellant ), as under:-

(2.) THE facts, in brief, are that, on 21.08.1991, Narinder Kumar son of Gurcharan Dass, resident of Sohana, Tehsil Kharar, District Rupnagar, came to the office of the Vigilance Flying Squad-I, Punjab, Chandigarh and made his statement Ex.PD, which was recorded by Harjap Singh, Inspector. It was stated, in this statement, by Narinder Kumar, that he was an agriculturist by profession. About two months prior to 21.08.1991, he purchased 8 kanals of land from Kabal Singh son of Dasondi Singh, resident of Sohana, for a consideration of Rs. 80,000/-. The sale deed was registered on 12.06.1991 in tehsil office at Kharar. He was to get the mutation sanctioned, in respect of that sale. He contacted Narinder Kumar, Patwari, of his village and requested him to enter the mutation, on the basis of the sale deed, referred to above. Narinder Kumar, Patwari, accused, (now appellant ) had been putting him off, on one pretext or the other. It was further stated by him, in his statement that on 21.08.1991, he went, in the morning, to the Patwar Khana at Sohana, alongwith copy of the sale deed. He requested Narinder Kumar, accused to enter the mutation. Narinder Kumar, Patwari, told him that the mutation could not sanction in that manner. He ( Narinder Kumar ), further told him that he would charge a sum of Rs. 400/- as gratification, other than legal remuneration, for entering the mutation, on the basis of sale deed, referred to above. When Narinder Kumar, complainant, requested the accused that he was a poor person and, as such, was unable to pay the same, he ( Narinder Kumar ) agreed to receive a sum of Rs. 200/- as gratification, other than legal remuneration for the aforesaid purpose. Since the complainant did not want to pay the gratification, other than legal remuneration for his work, to the accused, he made a false promise, that the amount was not readily available with him. Narinder Kumar, accused, told the complainant that he should hand over the sale deed to him and he could bring Rs. 200/-. He further told him, that he would then enter the mutation. By making a false promise, aforesaid, to the accused, he(complainant) came back. He produced two currency notes of Rs. 100/- each, before Harjap Singh, Inspector and requested him to take action, in accordance with law. against the accused. The statement was read over and explained to the complainant, who after admitting the same to be correct, signed it. The numbers of currency notes , which were handed over to Harjap Singh, Inspector, were noted down in memo Ex.PE. Phenolphthalein powder was applied to the currency notes. Thereafter, Harjap Singh, Inspector, satisfied that nothing was left with the complainant. The currency notes, to which the Phenolphthalein powder was applied, were handed over to Narinder Kumar, complainant. He was instructed to go to Narinder Kumar, accused and on his demand, pay the aforesaid tainted currency notes as gratification, other than legal remuneration. A glass containing water, was fetched, in which sodium carbonate was mixed, as a result whereof, the colour thereof did not change. When a pinch of powder i.e. Phinol Pathalene was put in the mixture, the water thereof turned into pinkish. The mixture after demonstration was destroyed. Memo Ex.PF regarding the demonstration was prepared, which was attested by the witnesses. Endorsement Ex.PM on the statement of the complainant, was made, and the same was sent for registration of the case, on the basis whereof, the FIR Ex.PN was registered. Thereafter, Harjap Singh, Inspector alongwith Narinder Kumar, complainant and other police officials of vigilance Bureau Flying Squad-I Chandigarh, came to village Sohana in a jeep. Buta Singh, independent witness, was joined in the raiding party, at Bus Stand, Sohana. He was apprised of all the facts and circumstances of the case. Buta Singh was instructed to follow up Narinder Kumar, complainant, as a shadow witness and give a signal as and when gratification, other than legal remuneration in the sum of Rs. 200/- was demanded and accepted by the accused from him ( Narinder Kumar, complainant ). The remaining members of the vigilance party stayed near Patwarkhana, by concealing their presence. As soon as, the gratification, other than legal remuneration, in the aforesaid sum, was demanded and accepted by Narinder Kumar, accused, from the complainant, a signal was given by Buta Singh, shadow witness. In the meanwhile, Pritam Singh Junior Engineer-II also came present and was joined with the Police party. On receipt of signal, given by Buta Singh, shadow witness, the Police party, headed by Harjap Singh, Inspector, raided the temporary Patwarkhana, where the accused was sitting. The accused was asked to raise up his hands. A glass, containing water, was fetched, in which sodium carbonate was put, as a result whereof, the colour of the solution did not change. Thereafter, the fingers of the hands of the accused were got dipped therein, as a result whereof, the colour of the same turned into pinkish. The solution was put in a nip, duly sealed and taken into possession vide recovery memo Ex.PG, attested by the witnesses. Thereafter, the accused was asked, as to where, the tainted currency notes had been kept by him. The accused took out two currency notes, from the front left hand side pocket of his shirt. The numbers of those currency notes were compared with the numbers of the currency notes mentioned in memo Ex.PE and the same tallied. The currency notes were taken into possession vide memo Ex.PH, attested by the witnesses. On personal search of the accused, a purse, containing Rs. 2582/-, wrist watch, identity card and one driving licence, were recovered, which were taken into possession, vide recovery memo Ex.PJ, attested by the witnesses. The left pocket of the shirt of the accused, was reversed and dipped into a freshly prepared solution, in the aforesaid manner, as a result whereof, the colour thereof, turned into pinkish. The mixture was put in a nip, and taken into possession vide separate recovery memo. The shirt was converted into a parcel and taken into possession vide memo Ex.PK, attested by the witnesses. The mutation register, roznamcha register and the sale deed, which were produced by the accused, were taken into possession, vide recovery memo Ex.PL. The site plan of the place of raid and recovery, Ex.PO was prepared. The accused was arrested. After the completion of investigation, and on receipt of sanction Ex.PA, for launching prosecution, against the accused, the challan was presented.

(3.) THE prosecution, in support of its case, examined Shibu Ram, Junior Assistant, D.C. Office Ropar, (PW-1), who proved the sanction order Ex.PA, Narinder Kumar, complainant, (PW-2), who deposed in terms of the prosecution version as stated above, Buta Singh, shadow witness, (PW-3), who corroborated the statement of Narinder Kumar, complainant, (PW-2), in all material particulars, Harjit Singh, (PW-4), who stated that the Patwar Khana was situated in the house of Baldev Singh in Chobara and Harjap Singh, Inspector, Vigilance Bureau Flying Squad-I, Chandigarh, (PW-5), the Investigating Officer. The prosecution also tendered into evidence the affidavits PP to PR of Piara Singh, Constable, Santosh Singh, Assistant Sub Inspector and Sant Singh, Head Constable, respectively. Baldev Singh, PW was given up by the Additional Public Prosecutor for the State, vide statement dated 06.09.1994 as won over by the accused. Thereafter, the Additional Public Prosecutor for the State, closed the prosecution evidence.