THE STATE OF PUNJAB Vs. SARUP SINGH

JUDGEMENT

(1.) THE respondent Sarup Singh, who was patwari, was brought to trial for the offences under section 5(2) of the prevention of Corruption Act (hereinafter referred to as the Act) and under section 161, Indian Penal Code. The Special Judge, Patiala, acquitted the respondent of the charges by his order dated April 23, 1976 which is under challenge in this Court.

(2.) IT is alleged that Ujaggar Singh complainant (P.W. 4) was to sell his land situate in village Becharg Rasoolpur to Teja Singh for Rs. 6,000/ - as the same was under mortgage and for that purpose he wanted to have a copy of jamabandi for the land. He along with Teja Singh contacted Sarup Singh Patwari (accused in the case) for having a copy of jamabandi and the respondent demanded bribe of Rs. 25/ - for supplying him the copy. The complainant contacted the respondent a few days later and he again demanded the bribe. The complainant made a false promise to pay the amount to the respondent on the next day i.e. 8th July, 1975. The complainant accompanied by Teja Singh approached Shri Bhajan Singh, Vigilance Inspector, Patiala, and informed him that the respondent was demanding a bribe of Rs. 25/ - from him. He recorded his statement Exhibit P.A. and sent the same to the Police Station, Bassi Pathanan for registration of the case against the respondent He drew up a memo Exhibit P.D. pertaining to the handing over of two currency notes of Rs. 10/ each and one currency note of Rs 5/ - (Exhibits P. 1 to P. 3) after applying phenolphthalein powder to Ujaggar Singh giving the numbers and the particulars of the said notes in the memo. The Vigilance Inspector joined Jawala Singh from village Bahadurgarh. According to the trap devised, it was settled that the three currency notes Exhibits P. 1 to P. 3 would be delivered by Ujaggar Singh to the respondent. Teja Singh would accompany him as a shadow witness Teja Singh was to give a signal to the police party when the treated currency notes were passed on to the respondent.

(3.) THE trial Court on the basis of the material placed before it returned a judgment of acquittal and hence this appeal by the State.