BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BALWINDER Singh appellant who was a Patwari, was brought to trial for the offence under Section 5(2) of the Prevention of Food Corruption Act and under Section 161 of the Indian Penal Code. The Special Judge, Sangrur, vide his order dated November 6, 1985, convicted the appellant of the said offence and accordingly sentenced him to one year's rigorous imprisonment and a fine of Rs. 1,000/- under the first count and one year's rigorous imprisonment under the second count. The substantive sentences were, however, ordered to run concurrently.

(2.) KARNAIL Singh complainant was to obtain a decree from the Court regarding the transfer of ownership of the agricultural land at village Shadi Hari and as such he required a copy of the Jamabandi for filing the suit. On 4.1.1984, he approached accused Balwinder Singh Patwari and asked him to issue a copy of the jamabandi, upon which the latter replied that he would issue the copy on receipt of fee amounting to Rs. 150/-. Karnail Singh complainant, however, told the accused that the fee demanded by him was too excessive, upon which the accused replied that it could not be reduced to less than Rs. 100/-. Karnail Singh then made a false promise to pay the amount to the accused. Karnail Singh approached Karam Singh Vigilance Inspector and told him about, the demand of bribe made by the accused. The Vigilance Inspector recorded his statement Ex.PE, Karnail Singh handed over two currency notes of the denomination of Rs. 50/- each Exs. P.5 and P.6 to the Vigilance Inspector who returned those currency notes to Karnail Singh after applying phenolophtalein powder to them. The memo Ex.PF containing the numbers of the aforesaid currency notes was prepared in this connection. The Vigilance party headed by Inspector Karam Singh consisting of Karnail Singh and Gurcharan Singh PWs then went to village Shadi Hari in a jeep where they joined Charan Singh in the party. Gurcharan Singh was made a shadow witness and was directed to hear and see everything going on between the accused and Karnail Singh and to give the signal by keeping his hand on the head after the money was passed on to the accused. Karnail Singh went to the accused in the Patwar Khana and asked for the copy of the Jamabandi. The accused asked him to give him the fee demanded by him and then to receive the copy and thereupon Karnail Singh gave two currency notes Exs. P.5 and P.6 of the denomination of Rs. 50/- each to the accused and the letter then gave the copy of the Jamabandi to him. The accused put the currency notes in the right pocket of his pant and Gurcharan Singh PW gave the signal by keeping his hand on his head, upon which the raiding party reached there and the accused was apprehended with the help of the two officials. Karam Singh prepared a mixture of sodium carbonate and washed the hands of the accused with that mixture on which the colour of the mixture turned pink. The Vigilance Inspector after giving his search to the witnesses, search the person of the accused and recovered two currency notes Exs. P.5 and P.6 of the denomination of Rs. 50/- each from the right pocket of his pant. The numbers of those currency notes were got tallied with the numbers mentioned in the memo Ex.PF. On further search of the accused a sum of Rs. 559.25 and a wrist watch were recovered from him and those were taken into possession vide memo Ex.PL. The pant of the accused was got removed and its pocket was dipped into a solution and the colour of the mixture turned pink. Karnail Singh complainant produced the copy of the jamabandi before the Vigilance Inspector who took it into his possession vide memo Ex.PM. The Inspector also obtained sanction for the prosecution of the accused.

(3.) ON the material placed before it, the trial Court convicted and sentenced the accused as indicated above the hence the appeal at his instance.