AMAR NATH Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT Amar Nath, Patwari, has assailed his conviction and sentence for offences, under Sections 7 and 13(2) of Prevention of Corruption Act, 1988, ordered by learned Special Judge, Kullu, vide judgment dated 11.8.2009 in the present appeal. Appellant has been sentenced as follows: - Sr. Offence Sentence awarded No. (i) Section 7 of the Prevention of Corruption Act, 1988. Rigorous imprisonment for two years and fine of' 100001 -; in default of payment of fine; rigorous imprisonment for a further period of three months; (ii) Section 13(2) of the Prevention of Corruption Act, Rigorous imprisonment for three years and fine of' 15000/ -; in default of payment of fine; rigorous imprisonment for a further period of four months; 1988.

(2.) PROSECUTION 's case, as sought to be made out from the evidence led during trial, may be noticed. Appellant was posted as Patwari in Patwar Circle, Tila Sahni in District Kullu. He was approached by PW -l Rajesh Rashpa, an Advocate by profession to give effect to a private partition of landed property, which had taken place among his father and some other persons, recorded as co -owners with his father. He approached the appellant about two months prior to 16th July, 2003. Appellant allegedly told him that since a large chunk of land was involved, an application was required to be submitted. PW -1 Rajesh Rashpa then submitted application Ext.PW1/A, alongwith copy of memorandum of family partition Ext. PW1/B and copies of revenue papers Ext. PW1/C to Ext. PW1/K, which had been obtained from the appellant in the month of January, 2003 to the Assistant Settlement Officer. Two months later, PW -1 Rajesh Rashpa again approached the appellant and requested him to enter the private partition in the revenue papers. Appellant allegedly demanded a sum of '1000/ -, immediately, and some more money after the entries were made.

(3.) ON reaching the village, it was noticed that vehicle of Assistant Settlement Officer was parked at a short distance from Patwarkhana. Inquiry made from the driver of that vehicle revealed that Assistant settlement Officer had gone to the Patwarkhana. Party waited for the Assistant Settlement Officer to leave. He left by his vehicle 10 -15 minutes later. Thereafter PW -1 Rajesh Rashpa and PW -2 Surinder Kumar were required to proceed to Patwarkhna. PW -2 Surinder Kumar stayed back in a shed, close to Patwarkhana, from where he could see the appellant as also PW -1 Rajesh Rashpa, handing over the money to the appellant. When PW -1 Rajesh Rashpa reached the courtyard of Patwarkhana, appellant was found sitting on a Bench. He (the appellant) enquired if PW -1 Rajesh Rashpa had brought the demanded money. Upon that, PW -1 Rajesh Rashpa took out tainted money from his pocket and handed over the same to the appellant, who put the same in the left side pocket of his white coloured shirt, which he was wearing.