GAIN CHAND Vs. STATE OF H.P.
LAWS(HPH)-1997-11-22
HIGH COURT OF HIMACHAL PRADESH
Decided on November 05,1997

GAIN CHAND Appellant
VERSUS
STATE OF H.P. Respondents

JUDGEMENT

R.L.KHURANA, J. - (1.)The appellant hereinafter referred to as the accused stands convicted and sentenced by the learned Special Judge. Una in Corruption Case No.2/1991 vide judgment dated 8.11.1993 as under: - Sr No. Offence for which convicted. Sentence imposed Under Section 7 of the Prevention of Corruption Act, . Rigorous imprisonment for fine year and fine of Rs. 1,001)/ -. In default of payment of fine, rigorous imprisonment for a further contd.. period of three months. Section 13(2) of the prevention of Corruption Act, 1988 Rigorous imprisonment for a period.. , of one year and fine of Rs. 1,000/ -. s In default of the payment of fine, rigorous imprisonment for a further, r period of three months. The two substantive sentences of imprisonment imposed upon the accused on each of the two counts were ordered to run concurrently.
(2.)Briefly stated, the prosecution story is this. In the year 1988 the accused was working as a Settlement Patwari and posted in the patwari circle. Kuthar Khurd. On Garib Dass, father of PW.I Wattam chand is cultivating the land measuring 9 Kanals 1 Marias comprising of old Khasara No. 506. This land later on came to be bifurcated into two parts measuring 4 khasra No.1306 marlas and 4 kanals 11 maries respectively and new khasra numbers therefore were allotted, namely* khasra No. 1518 and 1590. On the coining into force of the H P. Tenancy and Land Reforms Act, 1972, proprietary rights qua the land measuring 4kanals 10 marias comprising of khasra No. 1518 were conferred upon Garib Dass in the year 1982. The proprietary rights qua the remaining and measuring 4 kanals 11 marlas comprising of Khasra No. 1590 were not, however, conferred, since no mutation in this regard was entered by the concerned Patwari. PW. l Wattan Chand approached the accused for the purpose of entering the mutation qua the proprietary rights in respect of khasra No. 1590 in favour of his father. The accused in alleged to have demanded illegal gratification of Rs.400/ - for recording the necessary mutation. Jinee PW.i was not having the requisite amount, he came back. Again on 7.5.88 PW.l Wattan Chand approached the accused with the similar request. On such day, the accused is alleged to have told PW.l that though normally, he was charging ks.100/ - per kanal for the purpose of entering the mutation, he would be charging only Rs.400/ - for recording the mutation in respect of the land measuring 4 kanals 11 marlas in -favour of the father of PW. 1. After promising to come again with the requisite money, PW. 1 Wattan Chand returned and went straight to the Anti Corruption Unit at Una alongwith one Amar Chand, the then Municipal Counsellor of Una. The matter was reported to Inspector Sita Ram, who recorded the statement of PW. 1 under Section 154, Cr.P.C. and sent the same to Hamirpur for the purpose of registration of the case and he thereafter proceeded to constitute a raiding party for the purpose of laying a trap.PW. I Wattan Chand produced three one -hundred note and two fifty rupees notes before inspector Sita Rrm. Such notes recording its number and preparing the requisite memo in this regard returned the same to PW. 1 with the specific instruction that he should hand over such notes to the accused only on demand. A demonstration of mixing the solution of phenolphthalein powder and sodium carbonate power was also carried out in order to show the members of the raiding party the re -action of such mixing of two solutions. One Ram Kishan and Arjan Singh, the then Executive Magistrate (Tehsildar) Una were joined as member of the raiding party. PW.l was directed to proceed to the patwark -hana where the accused was having his office, accompanied by Ram Kishan. Instructions were also given to PW. Ram Kishan to give a signal to the police party after the money was paid to the accused.
(3.)PW. 1 Wattan Chand accompanied by PW. Ram Kishan went to the patwarkhana. The raiding party followed them by keeping a reasonable istancc. At the patwarkhana on the demand of the accused. PV . I Wattan Chand paid a sum of Rs.400/ - to the accrued in the form of the treated currency notes. After such currency notes were handed over to the accused, he counted the same and kept them in a register. On a single having been received from PW.2 Ram Kishan, a raid wt. ยป conducted. The accused was apprehended. His hands were secured by holding him by the wrist. He was asked to wash his hands and when the solution of sodium carbonate was mixed with such hand wash, its colour turned into pink. The hand wash was transferred into a nip. sealed and taken into possession. Thereafter, the accused on having been demanded by PW. Sita Ram, produced the currency notes by taking them out of the register. The notes as well as the register were taken into possession.


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