SUKHJITPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of present appeal, the appellant has challenged the Judgment dated 11/4/2002 passed by Shri Jagroop Singh, the then Special Judge, Kapurthala whereby he was convicted under Section 7 read with Section 13(2) of the Prevention of Corruption Act (in short Act 1988) and vide order of same date, he was sentenced to undergo imprisonment for fiveoyears and to pay a fine of Rs. 2,000.00 and in default of payment of fine, to suffer further rigorous imprisonment for six months.

(2.) The facts, in-short are as follows: The present case was registered on the statement. Exhibit PE, of Dilbagh Singh, PW3. According to him, he had purchased 10 Kanals 16 Marias of land on 15/5/1998 from his brother Jagmohan Singh and approached the accused who was working as a Patwari forgetting the mutation sanctioned in his favour. On 21/7/1998, Dilbagh Singh gave a photostat copy of the sale deed and the original power of attorney to the accused but the accused told him that mutations were not entered like that and that he should part with Rs. 1,500.00 for getting the mutation entered. He assured that on payment of said amount, the mutation would be entered and got sanctioned. Dilbagh Singh. PW3 told him that he was a poor person on which the accused agreed to charge Rs.1,000.00 as illegal gratification. Dilbagh Singh told him that he was not having the said amount with him and went back to his house.

(3.) On 22/7/1998, Dilbagh Singh met Mohan Singh and told him about said facts who advised him to get the accused arrested from the Vigilance Department. Dilbagh Singh and Mohan Singh went to the DSP at Vigilance Bureau, Kapurthala who recorded statement, Exhibit PE of Dilbagh Singh.