MEHAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) IN the year 1997, the appellant was posted as Patwari in Patwar Circle Garh Jamula, Tehsil Palampur, District Kangra. He was tried and convicted by the learned trial Court for the offences punishable under Sections 7, 13 (2) of the Prevention of Corruption Act and sentenced to undergo imprisonment for a period of one year and to pay a fine of Rs. 5000/-. IN default of payment of fine to further undergo simple imprisonment for a period of three months. Feeling aggrieved and dissatisfied by the impugned judgment of conviction and sentence, the present appeal has been filed on law and facts.

(2.) IN short the prosecution story can be stated thus. On 28th August, 1997 at about 3.00 p.m. PW-1 Raj Kumar complainant along with his brother PW-9 Rajinder Kumar approached, PW-8 N. D. Sharma, Dy. S. P., Anti Corruption Zone Dharamshala and told him that he had approached the appellant to collect some revenue papers as demanded by his Advocate, but the appellant was demanding Rs. 400/- for doing the job. On this, FIR Ext. PVR/A was lodged. PW-8 aforesaid constituted a raiding paty. He included PW- 9 Rajinder Kumar besides the complainant as its members. He gave the demonstration with respect to the function the mixture of two components, i.e., sodium carbonate and phenolphthalein powder when the mixture of both were put together it turned pink and the memo Ext. PW-1/B with respect to the demo was prepared. Thereafter, the complainant handed over Rs.400/- currency notes of the denomination of Rs. 100/- each, its numbers were noted by preparing a memo Ext. PW- 1/C, which were treated with phenolphthalein powder and then handed over to the complainant with the direction to further hand over to the appellant on demand P. W. 9 Rajinder Kumar was to act as a shadow witness. He was directed to be present at place near the room of the Patwar-khana and to pass on a signal when the treated currency notes were handed over to the appellant. At about 3 p.m., after imparting these instructions the raiding party drove off in official Gypsy towards the Patwar-khana, at some distance they stopped near a turn. The complainant and the shadow witness (PW-9) were sent to the Patwar-khana where the applicant was present and the other members of the raiding party including the Police Officer took the shelter in the Gypsy outside near the Patwar-Khana. After sometime the signal was passed on by PW-9 Rajinder Kumar, as directed. Shri N. D. Sharma, Dy. S. P. reached the spot along with other police officials. The appellant was caught hold from his wrist by PW H. C. Bali Ram. PW-8 N. D. Sharma, Dy. S. P. disclosed his identity.

(3.) THE complainant informed the Police Officer that the money which was received by the appellant was put by him in the drawer of the table. Chowkidar Kahnu Ram (not examined) took out the currency notes from the drawer and put on the table. THE number of the currency notes correspond with the memo Ext. PW-1/C already prepared as aforesaid. THE currency notes Exts. P-3 to P-6 were taken into possession and put in sealed envelope Ext. P. 2. THE Jamabandi form in which the currency notes were kept by the appellant was also taken into possession. THE site plan Ext. PW-8/B was also prepared. THE appellant was arrested and released by the Court on bail on the same day. THE revenue papers Exs. PW-1/E to PW-1/F were taken into possession vide memo Ext. PW-1/H.