L.N. Mittal, J. - (1.) THIS is criminal appeal by convict Lakhmir Singh against judgment and order dated 02.05.2002 passed by learned Special Judge, Patiala whereby the accused -Appellant stands convicted under Section 13(1)(d) read with Section 13(2) and under Section 7 of the Prevention of Corruption Act, 1988 (in short the Act) and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs. 1,000/ -and in default thereof, to undergo further rigorous imprisonment of two months, for each of the two offences, but both the substantive sentences of imprisonment have been ordered to run concurrently.
(2.) PROSECUTION case is that on 27.05.1996, complainant Kulbir Singh approached the accused, who was posted as Patwari Halwa, Maru, for copy of Jamabandi required by the complainant for taking loan for tractor. The accused demanded Rs. 500/ -as illegal gratification for the same. The bargain was, however, struck for Rs. 400/ -. The accused told that he would come to the complainant's village Maru with relevant record on the next day for doing the needful. The complainant told Pritam Singh about the demand of bribe by the accused. On 28.05.1996, Kulbir Singh and Pritam Singh went to Vigilance Bureau at Patiala and Kulbir Singh made statement to DSP Amar Nath regarding the aforesaid fact. Thereupon, FIR was registered. The complainant gave four currency notice of Rs. 100/ -denomination to DSP Amar Nath who applied phenolphthalein powder thereto and returned the same to the complainant with necessary instructions. Demonstration was also given to the complainant and to Pritam Singh (who was made shadow witness), depicting that piece of paper with phenolphthalein powder turned the colour of solution of sodium carbonate to pink. Gurmukh Singh, PW -8, Secretary of a Cooperative Society was also joined in the raiding party. The complainant and the shadow witness went to the house of the complainant whereas the remaining raiding party stayed back at some distance. The complainant and the shadow witness went inside the house of the complainant and found the accused there. The complainant asked for copy of Jamabandi. The accused demanded the bribe money from the complainant. The accused prepared the copy of Jamabandi and gave it to the complainant and then on demand of the accused, the complainant gave him the tainted currency notes as illegal gratification. The accused put the currency notes in the pocket of his shirt. Pritam Singh, shadow witness gave requisite signal to the raiding party. They reached the spot. Hand wash of the accused in sodium carbonate solution turned its colour to light pink. It was sealed in a vial. Tainted currency notes were recovered from the accused and numbers thereof tallied with the numbers of the currency notes which had been recorded in the memo while handing over the same to the complainant. The currency notes were also seized by the police. Pocket wash of shirt of the accused also turned the colour of sodium carbonate solution into light pink. It was also separately sealed in vial and was seized by the police. Jamabandi Register and Roznamcha Patwari were also seized by the police from the spot and so also the copy of the Jamabandi supplied by the accused to the complainant. Necessary investigation proceedings were conducted on the spot. After obtaining sanction order from the Deputy Commissioner/Collector for prosecution of the accused and on completion of investigation, report under Section 173 of the Code of Criminal Procedure (in short, Cr. P.C) was presented for prosecution of the accused for offences under Sections 7 and 13(2) of the Act.
(3.) CHARGE under Section 7 and Section 13(1)(d) read with Section 13(2) of the Act was framed against the accused who pleaded not guilty and claimed trial.;