PIARA SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal No. 319 of 2011 and Criminal Appeal No. 320 of 2011 both arising from judgment dated 17/18.8.2011 passed by Special Judge, Una, H.P. in Corruption Case No. 10 of 2009 convicting and sentencing both the appellants to undergo rigorous imprisonment for one year and fine of Rs. 2,000/- each under Section 7 of the Prevention of Corruption Act, 1988, rigorous imprisonment for one year and fine of Rs. 3,000/- each under Section 13 (2) of the Prevention of Corruption Act, 1988. In default of payment of fine both the appellants to further undergo simple imprisonment for three months.

(2.) The prosecution case, in brief, is that Piara Singh appellant was posted at the relevant time Kanungo Circle, Ishpur and appellant Sham Lal was posted as Patwari, Bhadsali. On 17.1.2008 at about 2.30 p.m. complainant PW-1 Tej Karan lodged complaint Ex.PW-13/A before Deputy Superintendent of Police, SV&ACB, Una alleging that he had purchased land in the name of his wife PW-8 Raj Kumari in village Bhadsali. He moved an application for demarcation of said land about 3-4 months ago before Tehsildar, Una, who forwarded the same to Circle Kanungo. After about 10 days, the complainant approached Circle Kanungo Piara Singh for demarcation of land but he was putting off the complainant on one pretext or the other.

(3.) On 15.1.2008 the complainant again approached the said Kanungo for demarcation of land but this time the said Kanungo told the complainant that he would give demarcation but complainant shall have to do his 'Sewa Paani'. On asking of complainant what he would take for 'Sewa Paani', the Kanungo Piara Singh told that his fee would be Rs. 500/-. The Kanungo asked the complainant to contact Sham Lal, Patwari. The complainant approached Sham Lal, Patwari, who told that the demarcation would be given day after, but for this the complainant shall have to pay some charges. On asking of the charges, Sham Lal, Patwari told that his charges would be Rs. 200/-.