PIAR SINGH S/O BALAK RAM, R/O VILLAGE MAJHASU, P.O. BHAGER, P.S. AND TEHSIL GHUMARWIN, DISTRICT BILASPUR, H.P. Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) IN the present appeal filed by the convict, a Patwari in the Revenue department, challenge has been laid to his conviction and sentence passed by the learned Special Judge, Bilaspur, in Corruption Case No. 4 of 2010, decided on 6.1.2012, for the offences punishable under Sections 7 and 13(2) read with Section 13(i)(d) of the Prevention of Corruption Act, 1988, in short "the Act", whereby he was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of '.1,000/ - for the offence under Section 7 and for a period of one year and to pay a fine of '.2500/ - under Section 13 (2) read with Section 13(i)(d) of the Act with the default clauses. Both the sentences aforesaid have been ordered to run concurrently. The period of detention, if any, was ordered to be set off under Section 428 of the Code. The broad essential facts of the prosecution case as emerges from the evidence on record are stated thus. The appellant, hereinafter referred to "the accused", was Patwari posted in Patwar Circle Ghial (Namhol), Tehsil Sadar, District Bilaspur, H.P.

(2.) FINALLY , challan was filed in the Court. Finding a prima -facie case against the accused, he was accordingly charge -sheeted for the offences aforesaid, to which he pleaded not guilty and claimed trial

(3.) DW 1 Des Raj Patwari has proved entry in Roznamcha Ext. DW1/A dated 10.12.2009 which was in the handwriting of the accused, regarding the supply of documents to the complainant after receiving the amount of '.7/ -, whereas, DW2 Devi Ram stated that on 10.10.2012 in the morning around 7 a.m., he was present in the Patwarkhana in connection with his work. At that time, four persons were also present. Out of them, he could only recognize complainant Ramesh Chand and Suresh. Ramesh Chand was accompanied by some person who had handed over an amount of '.7/ - to the accused and received the revenue papers from the accused in his presence and left the place towards Namhol.