STATE OF HIMACHAL PRADESH Vs. BHAJAN SINGH
LAWS(HPH)-1997-8-21
HIGH COURT OF HIMACHAL PRADESH
Decided on August 22,1997

STATE OF HIMACHAL PRADESH Appellant
VERSUS
BHAJAN SINGH Respondents


Referred Judgements :-

C.V. NANJUNDIAH VS. STALE (DELHI ADMINISTRATION) [REFERRED TO]
M.NARAYANAN NAMBIAR VS. STATE OF KOALA [REFERRED TO]
RAM KRISHAN ANOTHER GIAN CHAND VS. STATE OF DELHI [REFERRED TO]
RAGHBIR SINGH VS. STATE OF PUNJAB [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. TEJ RAM [REFERRED TO]


JUDGEMENT

R.L.KHURANA,J - (1.)The respondent, Bhajan Singh, hereinafter referred to as the accused, stands acquitted of the offences under Section 161, Indian Penal Code and under Section 5(2), Prevention of Corruption Act, 1947, by the learned Special Judge, Hamirpur, vide judgment dated 23.9.1991 in corruption case No I of 1989. Such acquittal has been assailed by the State by way of the present appeal preferred under Section 378, Code of Criminal Procedure.
(2.)Briefly, the prosecution story may be stated thus. In the year 1986 the accused was posted and working as a Kanungo in Consolidation Circle, Bahr, Tehsil Nadaun.
(3.)PW.13 Chhajju Ram, Deputy Superintendent of Police (Vigilance) and incharge of Anti -corruption Unit, Hamirpur, on 17.12.1986 received a secret information (hat Prithi Singh. Patwari (Consolidation) of Haiqa Bahl had demanded iHcgal gratification from PW 8 Shakti Chand for entering a mutation on the basis of ~. Will. The District Magistrate, Hamirpur, was apprised of the secret information received. PW 11 Moti Ram the then District Revenue Officer, Hamirpur, was associated and on the following day PW 13 accompanied - - PW 12 Munshi Ram, the then District Inspector of Police, Hamirpur, anc ertain other police officials went to Village Reeh. Constable Prithi Singh ha: earlier been deputed to contact PW 8 Shakti Chand. At Reeh PW 13chhajju Ram fliet PW 8 Shakti Chand and PW 9 Bhagwan Dass. Upon enquiries, PW 8 Shakti Chand disclosed that Patwari Prithi Singh of Halqa Bahl had demanded Rs.100/ - as illegal gratification from him for entering the mutation on the basis, of a registered will executed by his father. PW 8 Shakti Chand farther disclosed that the accused had also demanded Rs.200/ - as illegal gratification for comparing the mutation to be entered by Patwari Prithi Singh. The statement made by PW 8 Shakti Chand was reduced into writing by PW 13 and : case under Section 161, Indian Penal Code, and under Section 5(2), Preventon of Corruption Act, 1947, eame to be registered vide F.I.R. No. 21 of 1986 at Police Station Anti Corruption Unit, Hamirpur.


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