STATE OF H P Vs. TILAK RAJ

JUDGEMENT

(1.) THE respondent was tried by the learned Special Judge, Una in corruption case No. 4 of 1999 and acquitted him on 18-10-2001 and therefore, the State has filed this appeal for setting aside the acquittal of respondent.

(2.) THE facts, in brief, are that respondent was appointed as Patwari vide order ex. PE dated 13-3-1992 and vide order Ex. P-G, he was posted as Patwari at Tahliwal uperala. The further case of the prosecution is that the father of the complainant jarnail Singh PW-7 had some land dispute with one Amar Chand and, therefore, the complainant wanted a copy of jamabandi of that land which was situated in Patwar circle, Tahliwal Uperala. PW-7 Jarnail Singh on 7-4-1996 went to respondent and requested him to supply a copy of jamabandi, but respondent asked him for 'seva pani'. He demanded Rs. 200/- as illegal gratification but complainant gave him Rs. 100/ -. On 8-4-1996, complainant along with Ranbir singh again went to respondent in the morning and at that time also, the respondent demanded Rs. 100/- bribe from him. Thereafter, the complainant and Ranbir Singh came to the office of Anti Corruption Zone una and complainant lodged FIR Ex. PJ.

(3.) THE complainant Jarnail Singh handed over two currency notes of Rs. 50/-each Ex. P-3 and Ex. P-4 to Dy. S. P. PW-9 which were treated by police with phenolphethalein powder. The Dy. S. P. also told the functioning of phenolphethalein powder and sodium carbonate powder. The treated currency notes were put in the shirt pocket of the complainant and he was asked not to touch the same and to give the same to respondent on demand. Ranbir Singh was made shadow witness. He was instructed to give signal to the police on passing over of the amount to the respondent. The proceedings were recorded in the shape of memo ex. PK.