K.C. Puri, J. - (1.) GULZAR Singh -Appellant has directed this appeal against the judgment and order dated 3.9.2001 vide which he stood convicted under Section 7 read with Section 13 of the Prevention of Corruption Act, 1988 (in short - the Act) and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/ -and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month.
(2.) THE brief facts of the prosecution case are that Bhan Singh uncle of complainant -Malkiat Singh had executed a Will in his favour regarding his landed property and mutation was accordingly sanctioned in his favour. In the year 1978, his father Ram Singh and uncle Bhan Singh had purchased 13 kanals of land from Gurdev Singh, Karam Singh, Makhan Singh, Harnek Singh and accordingly mutation was sanctioned in their favour. The complainant came to know that the name of his uncle Bhan Singh in respect of that land was not entered in the subsequent jamabandies. Since Bhan Singh had executed the Will in favour of the complainant, so he wanted that jamabandi should be corrected and the name of Bhan Singh should be incorporated in the subsequent jamabandies. For that purpose, he met Appellant -Gulzar Singh Patwari, who agreed to do his work but after accepting bribe. It has been further stated that on 22.11.1999, complainant met the accused and the accused told him that on 25.11.1999 the Tehsildar was to come at Phul and that the complainant should pay him Rs. 2000/ -as bribe and then he would get his work done. On the request of the complainant, the accused agreed to accept Rs. 1,000/ -as illegal gratification. As the complainant did not want to give bribe, therefore, he made false promise to the accused and then he talked to Jit Singh of his village and told him all these facts, who advised him to report the matter to the Vigilance Department and consequently on 25.11.1999 he along with Jit Singh came to the office of DSP Vigilance Bathinda and narrated the aforesaid facts to him. He also produced before him five currency notes of Rs. 100/ -denomination each and one currency note of Rs. 500/ -denomination on which phenolphthalein powder was applied by the DSP and then he returned the same to the complainant with the direction to pass on the same to the accused on demand. PW Joginder Singh Senior Clerk, ATC, Office Bathinda was joined in the party and then they proceeded to village Khokhar. The police party stayed behind whereas Malkiat Singh and Jit Singh were sent to the office of the accused. After about ten minutes, Jit Singh gave signal to the police party and then the police party reached the office of the accused. DSP introduced himself to the accused and told him the purpose of raid. Then a solution of water and sodium carbonate was prepared in which Jit Singh was asked to dip his hands first and when he did so, the colour did not change and thereafter the accused was directed to dip his hands in the same solution and when he did so the colour changed to light pink and then that solution was transferred into nip and sealed with seal mark VK and signatory chit of Joginder Singh was taken into possession. Then from the personal search of the accused tainted currency notes were recovered from the back pocket of his trouser the numbers of which were tallied with the sapurdagi memo and found to be correct and then they were taken into possession. The pocket of the pant of the accused was also washed in similarly prepared solution which turned pink and then that solution was transferred into another nip and sealed. Statements of the witnesses were recorded. The case property was deposited with MHC Sukhbir Singh. Record was also taken in possession. After receipt of report of Chemical Examiner and sanction order accused were challaned.
(3.) ON appearance of the accused, copies of the documents as relied upon by the prosecution were supplied to the accused free of costs. The trial Court framed charge under Section 7 read with Section 13(2) of the Act against the accused. The accused pleaded not guilty and claimed trial.;