STATE OF H.P. Vs. CHANGAR SINGH

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 1.3.2000 passed by the Special Judge, Kangra at Dharamshala, in Corruption Case No. 3-D/97 titled as Changar Singh v. State, acquitting the accused of the charged offence.

(2.) AS per the case of the prosecution, accused Changar Singh was posted as Patwari Consolidation in Patwar Circle, Dheera, Tehsil Palampur, Distt. Kangra, H.P. In the month of March, 1994, village Panapur Kholi was under consolidation. Shri Janak Ram (PW-1), Shri Ranbir Singh (PW-2), and Shri Udham Whether reporters of Local Papers may be allowed to see the judgment? Singh and others were joint owners of land comprising Khasra Nos. 629 and 632 forming part of village Panapur Kholi. During the partition proceedings pertaining to the said land, PW-1 approached the accused for getting Khasra No. 632 reserved for himself and his brother PW-2. On 21.3.1994, PW-1 visited the Patwarkhana, the office of the accused, where the accused demanded a sum of Rs.1000/- for doing the needful. Showing his inability, the accused asked him to bring Rs.300/- on the following day. PW-1 narrated the incident to his brother PW-2 who refused to pay the amount to the accused. On the following day, both PW-1 & PW-2 approached the office of the Anti Corruption Branch at Dharamshala (Dari) and FIR No. 2/94 dated 22.3.1994 (Ext.PW-1) was registered with Police Station, Anti Corruption Zone, Dharamshala. Currency notes of Rs.300/- of denomination of Rs.50/- each were supplied by PW-1 to the police officials vide seizure memo Ext.PW-1/D. The revenue record was seized vide seizure memos Ext.PW-1/B Ext.PW-1/C. Currency notes were treated with Phenol pathaline powder and demonstration of the action and reaction of the powder sodium carbonate and phenol pathaline was given vide furd Ext.PW-1/E. PW-1 was instructed to hand over the currency notes to the accused on demand and PW-2 was deputed to act as a shadow witness. At about 9 A.M., the police party consisting of Shri Santokh Singh (PW-10), Shri Onkar Singh (PW-9), HC Bali Ram, Inspector Kehar Singh including PW-1 & PW-2 proceeded towards Patwarkhana. Upon reaching the Patwarkhana, PW-1 was asked to approach the patwari and PW-2 was asked to keep watch on PW-1. The remaining raiding party stayed away at a distance of 20 mtrs. behind the bushes near Patwarkhana. Just as PW-1 handed over a sum of Rs.300/- to the accused, PW-2 signalled to the raiding party who came at the spot and having seen the police party, the accused threw away the currency notes on the slab of the roof of the Ist floor and started getting down the stairs of the Patwarkhana. In the meantime, one Kehar Singh (PW-10) reached the site. PW-10 asked for a jug of water, thali (plate) and a glass. After carrying out the necessary formalities, he got sodium carbonate mixture prepared in the water and after giving demonstration to the raiding party, the accused was asked to wash his hands and the colour of mixture turned pink. Sample of the said mixture was taken into possession and sent for chemical examination. The currency notes were seized vide memo Ext.PW- 1/E and were compared with seizure memo Ext.PW-1/D. The report of the Chemical Examiner Ext.PW-10/B was obtained during the course of the investigation. With the completion of the investigation, challan was presented in the Court for trial. Sanction for prosecution Ext.PW-11/A was also obtained.

(3.) IN order to prove its case, the prosecution examined 11 witnesses and the statement of the accused u/s 313 Cr.PC was also recorded. In his defence, the accused examined one witness.