LRS OF MEHANGA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is criminal appeal under Sec. 374 Crimial P.C. against the judgment dated 10.10.1991 passed by the Special Judge, Anti Corruption Cases, Bikaner vide which the accused appellant was convicted and sentenced as under: <FRM>JUDGEMENT_46_LAWS(RAJ)10_2016_1.html</FRM>

(2.) A report P-1 was submitted by one Natha Singh on 23.5.1985. It was alleged that he had 50 bighas of land in Chak 19 PS and the appellant Mehanga Singh who was Patwari at that point of time was threatening to cut his water turn for the purpose of irrigation in the land situated at Murabba No.2. He demanded Rs. 500.00 as illegal gratification but finally agreed to receive Rs. 300.00 for which he had called Natha Singh in the morning of 24.5.1985 at Raisinghnagar. Accordingly, a trap was laid for the said day i.e. in the morning of 24.5.1985. In pursuance to the said trap, the appellant is stated to have been caught red handed while receiving the said amount. Accordingly, FIR Exhibit P- 13 was registered on 24.5.1985 for the offence under Sec. 161 Penal Code and Sec. 5(1)(d) and (5)(2) of the Prevention of Corruption Act.

(3.) As per the prosecution story, the trap party proceeded with Natha Singh to Raisinghnagar on 24.5.1985 at 6.15 am. Natha Singh spotted the Patwari on the way at the Bus Stand around 7.50 am. which is midway of Raisinghnagar. The appellant stopped only after he saw Natha Singh waiving at him. Rs. 300.00 were given to the appellant who took the same. The appellant was apprehended and a sum of Rs. 300.00 was recovered from his person. At the time of recovery, the Patwari explained there and then that the said amount was accepted by him towards the outstanding amount against the complainant as revenue charges for the year 1984-85. This fact is evident from Exhibit P/4 which is the detailed recovery memo.