HARNEK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HARNEK Singh, appellant herein faced trial under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and under Section 161 IPC before the Special Judge, Ludhiana. After trial, he was accordingly convicted under Section 5(1)(d) read with Section 5(2) of the said Act and sentenced to undergo rigorous imprisonment for two years, to pay a fine of Rs. 1000/- and in default of payment of fine to further undergo rigorous imprisonment for six months. He was also convicted under Section 161 IPC and sentenced to undergo rigorous imprisonment for one year. Therefore, he has preferred this appeal.

(2.) THE case of the prosecution as seen from the FIR registered on the statement of Ujagar Singh is as follows :-

(3.) HARNEK Singh is the Patwari and his Patwarkhana is situated in the Grain Market of their village. Ujagar Singh visited the appellant-accused Harnek Singh three-four times to get the copy of the Jamabandi, but every time, he was putting off the matter under one pretext or the other. On 28.10.1985, Ujagar Singh again requested the accused-appellant to supply of copy of Jamabandi and the accused said that he wanted Rs. 200/- as illegal gratification for this work, and insisted that if Ujagar Singh wanted a copy of Jamabandi, he had to pay Rs. 200/- as illegal gratification. After the request made by Ujagar Singh, the accused agreed that he would not accept less than Rs. 100/- which Ujagar Singh agreed to pay. Accused-Harnek Singh asked Ujagar Singh to bring Rs. 100/- on 29.10.1985, the next day. But Ujagar Singh did not want to pay Rs. 100/- as bribe to Harnek Singh, and therefore, wanted legal action to be taken against him.