S.D.BAJAJ, J. - (1.) MIHAN Singh needed a copy of the jamabandi of his agricultural lands situated in the revenue estate of Barsat in Patiala district of Punjab State. Accused Mohinder Singh was then the Halqa Patwari. Joginder Singh son of Mihan Singh contacted the accused on 5th May, 1981 who demanded Rs. 100/- (rupees one hundred only) by way of illegal gratification for its supply. Matter was reported to the Vigilance Inspector Santokh Singh of Patiala. The Vigilance Inspector got the raid conducted after completing procedural formalities. Harchand Singh of Electricity Department was joined as shadow witness in the raid. The tainted money after being passed by Joginder Singh to the accused was got recovered from the pocket of the bushirt worn by accused at the relevant time. After completion of the legal formalities, accused Mohinder Singh Revenue Patwari of Halqa Barsat aforesaid was prosecuted under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act 1947 and Section 161 of the Indian Penal Code.
(2.) LEARNED Special Judge Patiala convicted him of the commission of both the offences aforesaid and sentenced him to undergo rigorous imprisonment for a period of one year and fined him Rs. 500/- for his conviction under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act. In default of payment of fine the accused was ordered to undergo rigorous Imprisonment for a further period of three months. For his conviction under section 161 of the Indian Penal Code convicted accused was awarded rigorous imprisonment for a period of one year. Both the substantive sentences of imprisonment awarded to the accused individually on the two counts were ordered to run concurrently. Feeling aggrieved therefrom convicted-accused Mohinder Singh has filed Criminal Appeal No. 278-SB of 1985 in this Court. I have heard Shri R. S. Rai, Advocate for the appellant, Shri P. S. Kang, Advocate for the State and have carefully gone through the entire evidence on record.
(3.) IN the course of his statement under Section 313, Criminal Procedure Code, accused Mohinder Singh stated :- "I am innocent. Kapur Chand of Banera got the land of Hoshiar Singh attached under the orders of the Court. That attachment was effected by me and that land was joint of Hoshiar Singh and father of Harchand Singh. Hoshiar Singh and Harchand Singh were aggrieved against me on that account and they nursed a grudge against me. Harchand Singh joined hands with Joginder Singh and Vigilance Inspector and falsely implicated me in this case. I did not demand bribe from Joginder Singh nor he came to me for getting any copy of the Fard. I did not accept any bribe from Joginder Singh and nothing was recovered from me. Joginder Singh is not a cultivator. No loan could have been granted on the security on the land already under mortgage". It is not denied that Harchand Singh shadow witness is nephew of Hoshiar Singh whose landed estate was got attached by Kapur Chand. P.W. 7 Shri Sant Pal Singh, Naib Tehsildar, submitted in cross-examination: "It is correct that loan cannot be obtained on a land, which is already under mortgage".;