AMAR SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) Under challenge in this appeal is the judgment/order dated 7.1.1988 delivered by Special Judge, Ludhiana, convicting the appellant under Sec. 5(1)(d) read with Sec. 5(2) of the Prevention of Corruption Act and under Sec. 161 I.P.C. and sentencing him to undergo 11/2 years rigorous imprisonment and to pay a fine of Rs. 1,000.00 and in default of payment of fine, to undergo further six months rigorous imprisonment under Sec. 5(1)(d) read with Sec. 5(2) of the Prevention of Corruption Act and one year rigorous imprisonment under Sec. 161 I.P.C. Both the substantive sentences were ordered to run concurrently.

(2.) The prosecution story lie in a narrow compass. Complainant Gurdev Singh PW.1 owned some land. Amar Singh appellant was working as a Patwari, Gurdev Singh complainant executed a registered mortgage deed in respect of his land in favour of Land Mortgage Bank to raise a loan. On May 24,1986, the complainant took the mortgage deed to the appellant in his Patwarkhana at Raikot for getting the mutation sanctioned in favour of the Land Mortgage Bank on the basis of the mortgage deed. On that day, the appellant is alleged to have demanded Rs. 300.00 as the fee for entering the mutation. He then told the appellant that the amount was excessive. On this, the appellant reduced the amount to bribe of Rs. 200.00. On his showing inability to pay the said amount on that day, the appellant asked him to meet him on 26.5.1986. The complainant then came back to his village and had a talk about it with Mohinder Singh, P.W. 2 who is a shadow witness in the case. On 26.5.1986, the complainant and the shadow witness came to Ludhiana and went to the office of Vigilance Bureau where Inspector Hari Singh met him. The complainant told the Inspector about the demand of bribe by the appellant Hari Singh recorded his statement. He produced two currency notes Exhibits P1 and P2 of the denomination of Rs. 100.00 each before Inspector Hari Singh and the latter treated them with a powder. Inspector Hari Singh then prepared a solution of Sodium Carbonate in water ; then the touched his hands with those notes washed his hands in that solution and its colour became pink. That solution was destroyed Inspector Hari Singh then noted down the numbers of those notes and handed over the same to the complainant through a memo. Then the police party headed by Inspector Hari Singh complainant and the shadow witness left in a Government jeep for the office of the appellant at Raikot and from the Mini Secretariat, Ludhiana, Naib Tehsildar Mr. Ram Murti PW 3 was joined in the police party. After reaching Raikot, the jeep was stopped at a distance of about 200 yards from the office of the appellant. There Inspector Hari Singh asked the complainant to give the bribe money to the appellant on his demand only. He instructed Mohinder Singh, PW 2 to remain with him and to give a signal to the police party by placing his hand on his head when the appellant accepted-the bribe money from the complainant. Then he and Mohinder Singh left for the office of the appellant who was found present in his office. On seeing them, the appellant enquired from the complainant as to whether he had brought that money of Rs. 200.00 and the complainant replied in the affirmative. The appellant asked him to give him the bribe money and the mortgage deed. On that demand, the complainant handed over the currency notes Exhibits P1 and P2 and the mortgage deed Exhibit PB to the appellant. The appellant accepted those notes and the mortgage deed. He put the notes in front left pocket of the shirt worn by him. At that time, Mohinder Singh gave the appointed signal to the police party and on receipt of the same, the police party headed by Inspector Hari Singh reached the office of the appellant. After reaching there, Inspector Hari Singh disclosed his identity to the appellant; asked him to bring his hands forward conducted his personal search and from that search two currency notes Exhibits P1 and P2 were recovered from the front left pocket of his shirt and the number of those notes were compared with the number of notes given in the handing over memo Exhibit PC which tallied. Currency notes of the value of Rs. 80.00 more were recovered from the left front pocket of the appellant. On further search a purse Exhibit P3 containing the photograph Exhibit P4 alongwith some money were recovered from the right side pocket of the shirt worn by the appellant. The police prepared solution of Sodium Carbonate in water and when the appellant washed his hands in that solution, its colour became pink. Further investigation in the case was conducted.

(3.) At the trial, the appellant abjured the prosecution case and claimed trial.