S.D.BAJAJ,J - (1.) DURING the rainy season, when water in the canal is in abundance, Superintending Engineer (Irrigation) sanctions temporary rice shoots to farmers for cultivation of their paddy crop. One such rice shoot was sanctioned to the complainant Baldev Sharma (PW6) for being fixed at R.D. No. 41180-L of Markanda distributry, for Kharif 1987 S.D.O. (Canal) got rice shoots sanctioned to various other people fixed but was not getting the rice shoot sanctioned to the complainant fixed on the excuse that his land under rice cultivation was located up stream and the water in the canal was getting scarce. On the complainant's persistence, the S.D.O (Canal) is alleged to have demanded a sum of Rs. 400/- by way of illegal gratification for getting the needful done. Feeling that the demand was excessive, the complainant approached the accused-appellant Jarnail Singh, Canal Patwari, working as Reader to S. D.O. (Canal). The accused also told him that Rs. 400/- shall have to be spent because the money is to be shared by him and the S.D.O. (Canal). The complainant then reported the matter to the Vigilance Inspector, Ram Singh, at 8.05 A.M. on 16-9-1987. A raiding party was formed. Sanction for conducting the raid was obtained from the Deputy Commissioner, Kurukshetra and the raid was conducted Baldev Sharma (PW6) made over the tainted money to accused-appellant. Shadow witness Sukhwinder, Singh gave the agreed signal to the remaining members of raiding party and thereafter, the tainted money was recovered from the accused lying in his lap.
(2.) ON prosecution under section 5(2) read with Section 5(I)(d) of the Prevention of Corruption Act 1947, and Section 161 of the Indian Penal Code, the accused pleaded "Not Guilty" and claimed to be tried. Vide its impugned judgment dated 16-9-1988, the learned trial court convicted the accused under Section 5(2) read with Section 5(i)((j) of the Prevention of Corruption Act, and Section 161 of the Indian Penal Code, and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/- for his conviction under the Prevention of Corruption Act, and to rigorous imprisonment for a period of six months for his conviction under Section 161 of the Indian Penal Code. In default of payment of fine, the convicted accused was ordered to undergo rigorous imprisonment for further period of three months. Feeling aggrieved against his sentence, the accused has filed Criminal Appeal No. 3880-SB of 1988, in this Court.
(3.) I have heard Shri H.S. Gill, Advocate, for the convicted accused appellant and Shri R.N. Lohan, Advocate for the State and have perused the entire material on record very carefully.;