BALAK RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is an appeal filed by the appellants against the judgment passed by the learned Special Judge, Solan, dated 27.7.2000, vide which the appellants were held guilty under Section 13(2) of the Prevention of Corruption Act and were sentenced to undergo RI for two years each. They were also liable to pay fine of Rs. 2,000/ - each. In default of payment of fine, the appellants were to undergo RI for a further period of two months.

(2.) BRIEFLY stated the facts of the case are that appellant Balak Ram was posted as Patwari, Badhlla Circle, while Prithvi Chand was posted as Field Kanungo, Ram Shahar. It was alleged that on 27.5.1992, the complainant Ram Chand moved an application for demarcation of his land to the concerned Patwari Balak Ram. The said Balak Ram assured him that the demarcation would be effected after spot inspection. The demarcation was not given by the Patwari and by the Field Kanungo, though the complainant approached them several times and thereafter, on 10.6.1996, the complainant contacted appellant Balak Ram for getting the disputed area demarcated. The said Balak Ram assured the complainant that the demarcation would be conducted if the complainant agreed to pay him Rs. 500/ -. It is further alleged that on 12.6.1996, the complainant approached the Kanungo to enquire about the exact date of demarcation and he told him that it would be conducted on 15.6.1996, as informed by the Patwari. One day prior to that i.e. on 14.6.1996, both the accused persons/appellants landed up in the house of the complainant in the evening and the demarcation was to take place on the next day. Both the accused enquired from the complainant about the arrangement of the money, who told them that he was not in possession of the money at present but he would be arranging it by the next day. Both the accused asked him to make the payment to them for conducting the demarcation and the complainant went to one Shyam Lal 'shouse and borrowed Rs. 300/ - from him. The complainant thereafter gave a telephonic call to Dy. S.P., Anti Corruption about the demand made by the accused and trap was arranged. The police party headed by Dy. S.P. Khub Ram came to Village Sumanu, where the complainant handed over 6 notes of the denomination of Rs. 50/ - each to the Dy. S.P. The Dy. S.P. treated these notes with phinophelene powder and handed over these to the complainant.

(3.) THEREAFTER , the raiding party proceeded to the house of the complainant where the accused were camping since previous night. The accused Balak Ram told the complainant that he should give money before he proceeded to the spot for demarcation and also suggested that half of the money should be paid to the Kanungo i.e. accused No. 2. PW -1 Ram Chand made payment of Rs. 150/ - each to both the appellants and the accused Balak Ram put the money in the pocket of his shirt, while accused Prithvi Chand placed the money in his bag. The shadow witnesses gave signal to PW -9 Dy. S.P. Khub Ram, who came to the spot and nabbed both the accused persons. One parat was arranged alongwith the water and hand -wash of both the accused was taken, which was poured into a nip. Thereafter, on search of the accused Balak Ram, 3 notes of the denomination of Rs. 50/ - each were recovered from his pocket while the notes of same denomination were also recovered from accused Prithvi Chand, which he had kept in his bag. A Panchnama was prepared in presence of witnesses and the case was registered. After investigation, the challan was filed before the learned trial Court, who tried the appellants as detailed above leading to their conviction.