MANMOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the conviction and swentence imposed by the learned Special Judge, Patiala in C.C. No. 27 of 1986 decided on October 19, 1987.

(2.) THE appellant was working as a Revenue Patwari. According to the case of the prosecution, he demanded a sum of Rs. 100/- from one Gurnam Singh for giving him a copy of the jamabandi of Khasra Nos. 43 and 79 on 28.5.1987. The complainant Gurnam Singh filed a civil suit alongwith his father. That suit was decreed. Thereafter the Panchayat initiated proceedings for ejectment of the complainant and his father from the land before the District Development and Panchayat Officer, Patiala who directed the complainant to file copies of the jamabandi. In order to file the copies of the Jamabandi in that proceedings, the complainant approached the accused who demanded a sum of Rs. 100/- as bribe for furnishing copies of the said Jamabandi. When the complainant pleaded that he was not having the money on that day, the accused asked him to come on the next day. Thereafter the complainant met one Vijay Kumar on 28.5.1985 and narrated the incident to him. Thereafter both of them contacted the Inspector Vigilance who recorded formal FIR. The complainant handed over two currency notes of the denomination of Rs. 50/- each to the said Inspector. The said notes were smeared with Phenolphthalien powder and given back to the complainant and a trap was laid on the next day. After handing over money to the accused, the complainant gave a signal to the Police party and on search of the accused, tainted money was recovered from his possession by the Inspector and taken into possession under seizure memo Exhibit P-N. After completion of the investigation, a chargesheet was filed against the accused in the Court of Special Judge.

(3.) ON a consideration of the evidence on record, the learned Special Judge convicted the accused for the offence under Section 5(2) of the Prevention of Corruption Act and sentenced him to undergo rigorous improvement for a period of one year and pay a fine of Rs. 200/-. He was also convicted and sentenced to undergo R.I. for a period of one year under Section 161 I.P.C.