RATTAN CHAND Vs. THE STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The accused has been prosecuted for the commission of offence Under Sec. 161 of the Indian Penal Code and Section. 5(1)(d) read with Sec. 5(2) of the Prevention of Corruption Act, 1947 (hereafter briefly 'the Act'). The trial ended in conviction and sentence to the extent of rigorous imprisonment for one year and a line of R.S. 1000 - Under Sec. 161 of the Indian Penal Code and sentence for three years rigorous imprisonment and a fine of Rs. 1000/ -Under Sec. 5(Y)(d) of the Act. The sentences have been, ordered to run concurrently.

(2.) Briefly, the case is that complainant Ranjit Singh, 'Klianna -Damad" (son -in -law) of Gangu Ram, used to cultivate the land of his father -in -law. A will (Ex. P. 1) was executed in his favour. The complainant, being in actual and physical possession and cultivation of the landed property belonging to his father in -law, had been approaching the accused for effecting changes in re column of possession in his favour. The accused was then Halqua Patwari of village Badain where under the landed property in question fell.

(3.) The further case is that the accused had accepted Rs. 100/ - on an earlier occasion and was demanding Rs. 300/ - more by way of illegal gratification for doing necessary changes in the revenue papers. Instead of paying it straight away, the complainant approached the Deputy Superintendent of Police (Vigilance) and First Information Report (Ex. P. 2) was recorded on the statement of the complainant. Currency notes to the tune of Rs. 301/ -(of the denomination of 2x 100= - -200 and 5x20=100, Ex. PX/l to Ex. PX/7) were produced and their numbers noted, memos, prepared, treated with phenolphthalein powder and were then returned to the complainant who was instructed to give settled signal pointing out the acceptance of the same by the accused.